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Papers

Our published papers are available in PDF format to members only. Please log in to see a link underneath each paper to download the PDF. 

This paper looks at some of the advances in the use of technology over recent years including the use of supercomputers. It will review the latest advances in scheduling/ programming construction projects and the interconnection with BIM, It will assess some of the sampling techniques used for…

The inclusion of arbitration agreements in construction contracts is the new normal.  Large or small, complex or simple, arbitration is an undeniably popular method of dispute resolution in the construction industry.   One of its key benefits is said to be the ability to choose your decision…

Two senior lawyers and two experienced experts discuss the role of experts across jurisdictions and the common tensions that arise from both the experts’ and lawyers’ perspectives. This paper also includes practical suggestions as to how these tensions can be resolved (or at least managed).

Far too many mega-projects have failed because of recurring root causes.  These causes include: (1) First of a kind (FOAK) projects, either in terms of new technologies or scale; (2) Insufficient information to develop effective project controls and schedules; (3) Design schedules, scope and…

The fact that informed parties and their counsel, in spite of its contradictions and instability, still choose same neutral med-arb is an interesting fact. The choice of same neutral med-arb seems like the equivalent of driving without seatbelts: it is contrary to conventional wisdom and when it…

This paper aims at analyzing the new developments in alternative dispute resolution mechanisms in Argentina. In particular, this paper focuses on the new laws issued by the Congress regulating domestic commercial arbitration, international commercial arbitration, dispute boards under Public…

This article examines the latest trends in the interpretation of consequential loss in exclusion clauses by the English courts

Dispute Resolution is a fast evolving arena with several methods no longer being merely alternatives but an appropriate dispute resolution mechanism instead. With Singapore in 2019 being the venue and the named Convention on the Enforcement of Mediation Settlement and corresponding Model Law of…

The Civil and Common Law approaches to fixed damages upon the occurrence of breaches of contract has taken different paths. Penalties are frowned upon in the Common Law but liquidated damages enforced. The reverse is broadly true in the Civil Law. There are a variety of approaches to the…

This paper discusses the complexity of construction damage measurement, and ten legal concepts affecting on construction damage measurement and recovery.