by Damian | Oct 5, 2020 | Dispute Resolution
In forensic science, subjective judgments tend to play a role in how experts analyse and interpret impressionistic or abstract theoretical conclusions. Bias, or the perception of bias may become a challenge for experts in some circumstances. As the Expert Institute...
by Damian | Sep 10, 2020 | Delay, Dispute Resolution
The Brief If you find yourself involved in a dispute regarding the time aspects of your project, you may find that the appointment of a delay expert is an essential consideration to extract entitlement. Delay analysis is arguably a difficult subject to deal with and...
by Damian | Sep 10, 2020 | Dispute Resolution, Expert Secrets
It is not simply enough when preparing claims, to allege that A owes B a duty of care. You must first establish and determine the scope of the duty. There are three strands to demonstrating eligibility: causation, foreseeability and remoteness. There must be a...
by Damian | Aug 6, 2020 | Quantum
THE BEST METHODS AND APPROACH FOR DETERMINING QUANTUM MATTERS ARE: The use of a sophisticated cost system that allows an audit trail of cause, effect, and entitlement. In the absence of a sophisticated system, the use of the records available should be the next...
by Damian | Aug 6, 2020 | Arbitration
The Arbitration Foundation of South Africa’s international arbitration rules were released for public consultation on 1st July 2020. These new rules suggest that the choice of arbitration rules may increase. Parties to a dispute will have extended choices beyond those...
by Damian | Jul 17, 2020 | Dispute Resolution
Damian James will be speaking at the CIArb Kenya on Friday 24th July. Join the Chartered Institute of Arbitrators for a look at the effects and future of the industry following COVID-19, dealing with delay and separating cause from effect. Be sure not to miss what...
by Damian | Jul 16, 2020 | Quantum
PRODUCTIVITY losses continue to form a major cost to employers and contractors alike. The argument as to who is liable for such costs will be continually debated and, in most instances, decided by a tribunal. Having carried out a recent survey into productivity, the...
by Damian | Jul 13, 2020 | Adjudication, Dispute Resolution
In April and May of this year we provided a series of webinars. These focused on best practice for construction parties dealing with suspension or delay of works due to the COVID-19 lockdowns in various jurisdictions. In this article, we take a look at some of the...
by Damian | Jul 13, 2020 | Adjudication, Dispute Resolution
This article takes a look at the merits of ‘adjudication’ as a means of resolving disputes and ensuring continued cashflow in the construction industry. A time-limited system for resolving a dispute, adjudication is typically limited to a four-week period for...
by Damian | Jul 6, 2020 | Adjudication, Dispute Resolution
Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC) The aim of adjudication is to facilitate a fast and relatively cheap resolution to disagreements that arise during a construction project. Adjudication is not arbitration and it is not litigation....
