Conference Documents

Construction Disputes

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  1. Indemnity clauses - Ben Patten KC, 4 New Square Chambers

    What is the latest judicial thinking on the enforceability of indemnity clauses in construction contracts, particularly in relation to limitation periods, mitigation, and foreseeability?

  2. Liquidated damages - Marion Smith KC, 39 Essex Chamber

    What are the implications and potential workarounds for issues such as the failure to issue JCT notices or arguments over outstanding EOT applications in liquidated damages claims?

  3. Concurrent delay - Lynne Mc Cafferty KC, 4 Pump Court

    What is the current impact of concurrent delay and client events on Extensions of Time and cost recovery, supported by the latest caselaw and practical examples?

  4. Price adjustment - Victoria Peckett, Clyde & Co

    In what circumstances do price adjustment clauses successfully address issues of inflation and market volatility in construction contracts, how do you draft them and when do they fall short?

  5. Latent defects - David Pliener KC, Gatehouse Chamber

    How has the Court of Appeal decision in URS Corps v BDW Trading [2023] changed existing thinking on how you handle latent defect claims?

  6. Building Safety Act - Kate Grange KC, 39 Essex Chambers

    How is the Building Safety Act (BSA) influencing practice and what strategies can give your clients an edge, particularly over Remediation Contribution Orders and Building Liability and Information Orders?

  7. Collateral Warranties - Michael Curtis KC, Crown Office Chambers

    How far can you stretch liability under Collateral Warranties, particularly over the limitation of recoverable losses, and what are the consequences and considerations for the parties involved?

  8. Guarantee vulnerabilities - Shane O’Connor, RDJ

    How open to attack are performance bonds, parent company guarantees, and advance bank guarantees, and what legal strategies will gain an edge for your client in a dispute?

  9. Adjudication strategies - Enda O'Keeffe, A&L Goodbody

    How are the latest and most significant adjudication decisions shaping current industry practices, and how are the costs being allocated among the parties involved?

  10. Force majeure flexibility - Dermot McEvoy, Eversheds Sutherland

    How far can you push the boundaries of force majeure and walk away from a commercially non-viable contract, e.g. significant delay or inadequate inflation mechanisms?

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