In this Insight, first published in PLC, Shy Jackson considers how settlement agreements, while intended to resolve disputes, can sometimes become the source of further conflict over their interpretation and...more
In this Insight, first published in PLC, Partner Shy Jackson considers the JCT's Target Cost Contract, 2024 Edition (TCC 2024), a new addition to its 2024 Edition contract suite that reflects the wider industry trend towards...more
In this Insight, first published in the March 2025 edition of the NEC Newsletter, Shy Jackson considers the topic of the “battle of the forms” in the context of a recent Scottish case, Caledonia Water Alliance v Electrosteel...more
3/4/2025
/ Breach of Contract ,
Business Litigation ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Evidence ,
Jurisdiction ,
Standard Forms ,
Terms and Conditions ,
UK
Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more
1/15/2025
/ Breach of Contract ,
Condition Precedent ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Good Faith ,
Information Reports ,
Standard Forms ,
Termination ,
UK
Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that parties can speak freely. Indeed, the without prejudice privilege that...more
Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more
11/14/2024
/ Adjudicatory Process ,
Arbitration ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Dispute Resolution ,
General Contractors ,
International Arbitration ,
Site Visit Program ,
Tribunals ,
UK
In this article, BCLP partner Shy Jackson and Aluko & Oyebode partner Ngo-Martins Okonmah are collaborating to discuss the most effective means by which to avoid disputes relating to construction and infrastructure projects...more