Construction Law International - March 2020

FEATURE ARTICLES

Rethinking resolution of construction disputes

John W Hinchey surveys the spectrum of techniques and processes to avoid and resolve disputes, and concludes that the goal should not be to discover some ideal or optimum process, but rather to determine which technique or process best suits the values and objectives of the affected parties.

Delay analysis lore falls short at law: cautionary guidance from the NSW Supreme Court

Matthew Muir and James Arklay review White Constructions Pty Ltd v PBS Holdings Pty Ltd (‘White’) and the decision from the Supreme Court of New South Wales, Australia, which rejected the party-appointed experts’ evidence despite both experts having used analysis methodologies that are countenanced by the Protocol.

Time: winning delay claims

Roberta Downey’s paper expands on a presentation at an interactive session during the International Construction Projects Committee Working Weekend in Athens in May 2019, during which the participants considered what should happen in different scenarios where a project falls into serious delay and parties disagree about whether or not an extension of time ought to be awarded.

Delays in construction projects: relevant concepts and (too many?) approaches

Alexandre Arlota and Marc-Henrik Werner present some of the main aspects concerning delays they have encountered in complex construction contracts, and outline certain approaches in Brazil, England and the United States that are used to conceptualise and deal with delays.

Bringing the Danish general conditions into the 21st century

AKristian Skovgaard Larsen and Alexander Grønlund highlight a few of the many changes and additions to the new Danish general conditions in construction contracting that entered into force on 1 January 2019.

Enforceability of the AIA C195 indemnity provision under English law

Mohammadyasha Sakhavi reviews the criticisms of enforceability of the broad language of the AIA C195 indemnity provision to negligence of an indemnitee under English law, concluding that indemnification for an indemnitee’s own negligence is the common intention of all C195 company members and enforceable.

Preventative legal measures under Korean law against unjust bond calls

Sung Hyun Hwang analyses the preventive legal measures under Korean law against an unjust bond call by the beneficiary/employer upon the various unconditional bank guarantees that have been issued by financial institutions located in Korea.