FIDIC publishes a family of standard contracts, each known by the colour of its cover. Choosing the right book is one of the most consequential decisions on an international project: it fixes who designs, who carries the main risks and how the Contractor is paid. Many later disputes trace back to a book that did…
Extension of time is the most common claim on construction projects, and one of the most frequently disputed. A valid extension protects the Contractor from delay damages and is often the foundation for any related cost claim. Under FIDIC, however, entitlement depends as much on how and when the claim is made as on the…
The Dispute Avoidance/Adjudication Board (DAAB) is one of the most significant changes in the FIDIC 2017 suite. Used well, it prevents disputes from escalating. Used late, or treated as a formality, it becomes little more than a procedural step on the way to arbitration. What is a DAAB? A DAAB is a panel of one…
Background In the landscape of international construction projects, the management of conflict is as critical as the management of the works themselves. While arbitration remains the definitive method for final dispute resolution, the industry has seen an increasing reliance on Dispute Adjudication Boards (DABs) and Dispute Avoidance and Adjudication Boards (DAABs). Despite their growing inclusion…
Background In the complex landscape of construction law, the recovery of costs associated with accelerating works remains a frequent point of contention. While many standard forms, such as the FIDIC, JCT, and NEC suites, contain express provisions for instructed acceleration, the situation becomes more nuanced when a contractor accelerates unilaterally to mitigate the impact of…
Background In the contemporary global construction landscape, disputes are frequently regarded as an inevitable byproduct of complex projects. Whether operating under FIDIC, JCT, or NEC contract suites, the tripartite pressures of time, cost, and quality often culminate in commercial friction. However, disputes rarely emerge ex nihilo; they are typically the result of unresolved claims, opaque…
Background The global construction and logistics landscape in 2026 continues to be defined by volatility, shifting from the systemic shocks of the pandemic era to the acute disruptions caused by regional conflicts, particularly in the Middle East. These geopolitical tensions have introduced a complex web of challenges, including shipping diversions, port closures, and fluctuating energy…
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…
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…
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%)….