ESCL Conference 2019: Legal implications of climate change: the case for circularity

Date: Thursday, October 24, 2019 Topics: Procurement law Contract law Property law Programme: The programme can be downloaded below. Venue: TU Delft, Faculty of Architecture (Building 8), Hall A, Julianalaan 134/Zuidplantsoen 2a, Delft Registrations and conditions: Participation of the conference is free of charge. To register you can download the registration form and mail it […]

What is ADR?

What is Alternative Dispute Resolution (ADR)? Alternative Dispute Resolution, or ADR as it is commonly known as, is essentially any method that is used to resolve a dispute that is not litigation. Strictly speaking therefore, this includes adjudication and arbitration, although these are now ignored when referring to ADR. The most common forms of ADR […]

Construction Negotiation

What is construction dispute negotiation? This involves dealing directly with the opposing party; that means communicating with the other side without a tribunal or court. This can be done by you or an appointed representative (such as us). Negotiation can be a good first step. It starts with you approaching the other side with details […]

Construction Mediation

What is construction mediation? Mediation has enjoyed a tremendous amount of growth since Lord Woolf’s report back in the late 1990’s ‘Access to Justice’, not least because it has become the norm under the Civil Procedure Rules’ Pre-Action Protocol, and refusing to participate in mediation can have severe consequences on the ability of the successful […]

Construction Arbitration

Arbitration has been a favourite method of resolving disputes in the construction and civil engineering industries for many decades, allowing disputes to be settled by experienced and appropriately qualified experts (as opposed to a judge in a court setting). What is construction arbitration? Strictly speaking, arbitration is another form of Alternative Dispute Resolution (ADR), being […]

Construction Adjudication

Adjudication is a dispute resolution method commonly used in the construction industry. Since the Housing Grants, Construction and Regeneration Act 1996 (as amended), which introduced statutory adjudication, was enacted in 1998 (and referred to as the ‘Construction Act’), it has been relied upon heavily by developers, employers, builders and contractors, and even professionals such as […]

Construction Litigation

Litigation is the process of taking legal action and is the traditional form of dispute resolution, familiar to most people because of the UK court system which facilitates the civil process in the County Court and High Court. What is construction litigation? Litigation has an often-deserved reputation for being an expensive and long-winded process. However, […]

Construction Dispute Avoidance & Resolution

Avoiding construction and engineering disputes should be the overriding objective of all parties involved in a building project. However, achieving this aim requires communication, awareness, access to the relevant paperwork and records – and most importantly of all, the willingness of all parties to cooperate. Unfortunately, the variable and complex nature of construction and engineering […]