by Damian | Nov 1, 2021 | Arbitration
Anyone who’s been following the news in the world of arbitration and construction law lately cannot have missed the goings-on at the DIAC and DIFC in Dubai. In an unexpected move, on 14th September, Sheikh Mohammed bin Rashed Al-Maktoum issued a decree abolishing the...
by Damian | Oct 25, 2021 | Expert Secrets
In this new series from Damian James, Damian shares some of his experiences and war stories from as a consultant and expert witness over the past twenty years or more. The series starts with a look at adjudication and the confusing decision of an adjudicator:...
by Damian | Sep 22, 2021 | Charity - Stone in My Shoe
It was 25 years ago in the coming April that my dad phoned me at work, I was 26 he was 57. I was a senior quantity surveyor climbing the ladder of a national contractor. I was, of course, an extremely busy man. As I nipped out of my meeting, the secretary handed me a...
by Damian | Sep 3, 2021 | Arbitration, Dispute Resolution
This discussion is around the capping of the fees for tribunal members from the perspective of an arbitrator. We consider this specifically within the African landscape. I may however draw upon other jurisdictions in my considerations of the topic. Should you need...
by Damian | Aug 25, 2021 | Adjudication
At Damian James, we don’t often act as party representative in adjudication, but a long-standing client recently asked us to. Our work focuses primarily on delay and quantum expert commissions in arbitrations. So preparing demands, notices and referrals in the...
by Damian | Aug 4, 2021 | Arbitration
Over the past eighteen months, the pandemic has definitely changed how we all live and work. Whilst some of the challenges faced by experts have remained the same, virtual hearings have brought new challenges in both the preparation of reports and delivering testimony...
by Damian | Jul 12, 2021 | Delay, Dispute Resolution, Events, Webinar
As you may have seen in the media recently or indeed have experienced first-hand, there have been unprecedented material shortages in many areas. There are many reasons for this. As described in the webinar it is a ‘perfect storm’. It seems everything that is going on...
by Damian | Jun 4, 2021 | Delay
Float ownership The issue of who owns the float in the construction program has been the subject of significant debate. At least three conflicting viewpoints hold sway. These are that: It belongs to the contractor.The float belongs to the employer.It belongs to...
by Damian | May 24, 2021 | Spotlight
Webinar on construction insurance disputes, common issues and how to avoid them Damian James joined two legal experts for a discussion on construction insurance. Joining him was barrister Athena Markides from Crown Office Chambers in London. He also spoke to Bryn...
by Damian | May 19, 2021 | Arbitration, Delay, Quantum
When did practical completion of the works take place? Practical completion of the works is a defining moment on most contraction contracts. Retention becomes due for release and liability for damages passes to the employer. Of course, any obligation on the...
