by Damian | Nov 2, 2023 | Adjudication, Arbitration, Dispute Resolution, Expert Secrets
Entering into Autumn 2023 and leaving behind the English summer often provides a time for reflection. As usual, though, my mix of time zones and work patterns means that my English autumn is an African spring. With the warming of the Cape, I head to South Africa and...
by Annie Clift | Oct 18, 2023 | Dispute Resolution, Events
In August 2023, a select group of experts from construction and law came together to look at ‘Good Faith’. The concept of good faith is commonly invoked in construction projects. It frequently becomes a focal point when disputes emerge. In many cases, one party will...
by Damian | Oct 12, 2023 | News
FIS has introduced a Contract Review Service as part of its offering to support members. Damian James has been selected as one of the panel members for the service. The service provides pro-active contract review support. It seeks to identify onerous...
by Damian | 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 Damian | 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, Published Articles
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...
