Analysis, commentary and practical guidance
Articles, guides and commentary on construction claims, delay analysis, FIDIC contracts, arbitration and dispute practice from the Equitas team.
When an adjudicator/DAB-DAAB uses their own expertise — is that jurisdictional overreach?
A JCT Design and Build dispute referred to adjudicator Kevin Shilcock raised a fundamental question: when an adjudicator departs from the parties’ submissions and applies their own professional expertise, does that constitute a breach of natural justice — or a legitimate exercise of specialist judgment?
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When an adjudicator/DAB-DAAB uses their own expertise — is that jurisdictional overreach?
BackgroundThe parties entered into a JCT Design and Build contract on 10 November 2022 for theconstruction of a leisure and retail centre in Bishop Auckland. After completion, disputesarose concerning payment applications, entitlement to extensions of time (EOT), andliquidated damages (LADs). The dispute was referred to adjudicator Kevin Shilcock. Adjudicator’s Decision (17 January 2025)– The Defendant’s…
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Expert Evidence vs Industry Experience in Construction Disputes
Expert Evidence vs Industry Experience in Construction Disputes What Courts Expect from Quantum, Delay, and Disruption Claims Introduction In complex construction disputes, outcomes are often determined not by the volume of material presented, but by the quality and structure of expert evidence. A recurring issue in litigation and arbitration is whether opinions based primarily on…
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When an adjudicator/DAB-DAAB uses their own expertise — is that jurisdictional overreach?
Summary of Judgment [2025] EWHC 2173 (TCC) Background The parties entered into a JCT Design and Build contract on 10 November 2022 for the construction of a leisure and retail centre in Bishop Auckland. After completion, disputes arose concerning payment applications, entitlement to extensions of time (EOT), and liquidated damages (LADs). The dispute was referred…
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2023 ICC Arbitration: A Closer Look at Construction Sector Disputes
In 2023 890 new cases were registered with the ICC International Court of Arbitration. Parties from 141 countries were involved in the new cases, showcasing the global reach and diversity of ICC Arbitration. The majority of parties were from North & West Europe (28.8%), followed by North America (12.9%) and Latin America & Caribbean (14.5%)….
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FIDIC Contracts: Navigating Claims and Dispute Resolution with Expert Insights
On 7 November 2024 Equitas and ATCEA (Association of Turkish Consulting Engineers and Architects) jointly held the “Claims and Dispute Resolution in FIDIC Contracts with Practical Examples” seminar in Ankara, Turkiye. Participants at the event had the opportunity to discuss firsthand case experiences with Metehan Çağlar Sonbahar, a FIDIC Certified Adjudicator. For details please click…
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FIDIC To Launch Reprint of 2017 Suite
In 2017 the long-awaited second edition of the International Federation of Consulting Engineers’ (FIDIC) 1999 Rainbow suite was officially launched at the FIDIC International Users’ Conference in London. FIDIC has recently announced that the International Contract Users’ Conference in London this year is going to see the launching of reprint of the 2017 suite and…
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ICC 2021 Dispute Resolution statistics
Earlier this year the ICC Dispute Resolution Services published the preliminary dispute resolution figures for 2021. It is reported that in 2021 the ICC International Court of Arbitration registered 853 new cases in total, as compared to 946 new cases in 2020 which was the highest number since 2016. Despite the drop in case numbers, …
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Findings of the Construction Contracts and Law Report 2022 by RIBA
The Royal Institute of British Architects (RIBA) published its 2022 Construction Contracts and Law Report. This report can be read as an update to the NBS 2018 National Construction Contracts and Law Report which was carried out by the NBS between 2012 and 2018. The report is based on the RIBA’s Construction Contracts and Law…
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Equitas Director Recognised as Future Leader in Arbitration 2022
EQUITAS director Metehan C. Sonbahar has been recognised again as a Future Leader in International Arbitration 2022 by Who’s Who Legal and Global Arbitration Review. For further details please visit WWL Future Leaders 2022 website.
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