by Marketing | Jun 22, 2023 | Delay, Dispute Resolution
In a previous article, Damian explained the concept of constructive acceleration. He considered how the courts and tribunals dealt with the matter and compared different approaches by courts around the world. In this follow-up article, Marcia Davids shares her take....
by Marketing | Jun 13, 2023 | Delay
Globally, construction activity is growing at an unprecedented rate. It’s estimated that during the next 40 years, 230 billion square meters of new infrastructure will be built. At the same time, climate change is making extreme weather events more common. Whether...
by Damian | May 17, 2023 | Dispute Resolution
What is Expert Shopping? In England and Wales where Civil Procedure Rules apply, experts are mindful of working under Part 35 of CPR. The rules state that, “no party may rely on expert evidence without prior permission of the court”. However, there is no rule on who...
by Damian | Apr 27, 2023 | Delay
Concurrency – A Call for Pragmatism? Concurrency (or concurrent delay) is an issue that those involved in construction disputes love to debate. A quick search online reveals a vast amount of ink which has been spent debating the various approaches to analysis and...
by Damian | Apr 13, 2023 | Mentoring
We are delighted to welcome our newest mentee to the mentoring program, Enoch Sithole. For the next few months, Enoch will go on to learn more about disputes, claims, and the role of experts. As a mentee, we will be giving him the full benefit of our own experience....
by Damian | Apr 5, 2023 | Delay, Dispute Resolution
Mitigation or Constructive Acceleration? For many in the industry, the complexity of construction work will inevitably lead to delays. The cause of delays, setting aside those that may be listed as events in the contract, emanates from multiple matters and parties....
by Damian | Mar 3, 2023 | Arbitration
Recently Damian submitted a paper to the CIArb Kenya for their Alternative Dispute Resolution Journal. His chosen topic was The Notion of Good Faith in Construction and Arbitration. As Damian writes ‘This paper sets out to define good faith, its origins and purpose...
by Damian | Feb 14, 2023 | Events
Last year Damian sat on a panel discussion as part of Limeslade’s Dubai Masterclass, with Barrister Anna Laney, In-House Counsel, Bethan Onions, and leading construction solicitor, Leonie Sellers. The team examined the roles of legal teams and advisors. Thanks to the...
by Damian | Jan 19, 2023 | Mentoring
We are excited to welcome the two new mentees joining our 2022/23 program. Both Tshephisi Selahloa and Marcia Davids have extensive experience in their fields. In their next few months with Damian James, they will be learning more about disputes, claims, and the role...
by Damian | Oct 24, 2022 | Delay
Cost Overruns and Sports Venue Construction Introduction As part of the research undertaken in Cape Town City, the authors, Damian James and Christiaan Bredenkamp considered ‘Cost Overruns and Sports Venue Construction’ by Martin J Greenberg and Dan MacMillan. We were...
