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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. 

The fact-finding process in arbitration conducted in the arena of construction adjudication is of central importance. It is also a major contributor to cost. “Cost” continues to be seen as arbitration’s worst feature, followed by a number of factors including “lack of speed”. These findings…

Although there is no clear demarcation between direct and consequential damages in the U.S., the distinction is critical to the outcome of many construction cases as waiver provisions are commonly integrated to construction contracts. In particular loss of profits and certain financing costs are…

One of the recurring problems for construction and engineering projects is “the unexpected”, particularly when adverse site conditions are encountered.  Who bears the risk of adverse site conditions?  Is the employer legally responsible for the accuracy of information provided to the contractor…

The construction project delivery environment has undergone dramatic changes due to Globalization and growth in both project size and complexity.   In the past three decades we have seen the rise of the megaproject, large-scale, complex ventures that typically cost over a billion dollars; take…

Until recently Australian courts have followed the decisions of English courts, which have restricted the meaning of the expression ‘consequential loss’ to loss that falls within the second limb of Hadley v Baxendale.  However, since 2008 there have been a number of cases which have refused to…

Over the past two decades, more than a dozen jurisdictions around the world have enacted legislative reform programs to promote ‘security of payment’ within their construction industries. There are two linked foundations to these reforms: ensuring prompt payment for work done, and rapid interim…

This paper looks at the major project risks, discussing the following: Understanding the true project risks - time/program/liquidated damages/ prolongation, design, output guarantee, quality, cost; Negotiating appropriate risk allocation - reaching appropriate negotiated positions which are…

This paper aims to identify aspects of the law, and of dispute resolution practice, which it is advisable for parties to construction contracts to keep in mind in relation to the managing of claims – starting with some points of general application, and then considering some specific points…

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…