All articles by Hamish Lal
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CommentStatutory adjudication - the 2024 survey results are in…
An annual survey shows referrals rising strongly, with inadequate contract administration the leading cause of disputes – and women still under-represented
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CommentCollateral warranties get clarity at last
A new ruling has provided much-needed clarity on the use of collateral warranties in construction contracts
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CommentReport on adjudication reveals growing popularity but also demand for change
A new report on statutory adjudication reveals most survey respondents want redacted decisions published and a quarter suspect adjudicator bias
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CommentLet’s pledge to boost women in adjudication
Two new initiatives aim to tackle the problem that women make up only 8% of UK adjudicators
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CommentAdjudication: is it time to evolve?
A new report highlights the need for transparency in adjudication decisions as well as more diversity in the profession
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CommentPractical impacts of the Building Safety Act
A recent industry event examined in detail how the new safety legislation will affect the industry in both intended and unintended ways
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CommentWitnesses – do we need them?
Hamish Lal considers the relative value of witness evidence versus the documentary record
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CommentSupreme clarity on liquidated damages
Accrual of liquidated damages ends on termination of the contract, the Supreme Court has ruled
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CommentHalliburton vs Chubb: disclose, disclose, disclose
A new Supreme Court ruling clarifies the test for apparent arbitrator bias
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CommentWays to claim for covid-19 costs
If the new coronavirus has an impact on your project, there are other legal instruments beyond force majeure to call on
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CommentNAO report: It’s the design, stupid
The core lesson of the National Audit Office report on cost and time overruns on infrastructure projects
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CommentDon’t you dare miss a step: mediation and arbitration
Does a mediation clause in the contract make it unlawful to proceed directly to arbitration, even after termination?
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CommentWrong but not responsible
A recent case serves as a reminder that just because a party is at fault does not necessarily make it responsible for a loss
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CommentTime at Large: Time for a rethink
The orthodox view on how employer delay affects its entitlement to damages has been shown to be quite wrong
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CommentLegal: From Russia without love
International construction arbitration practitioners often stress the positives of arbitration: using the so-called “five Es” of efficiency, expedition, expertise, evenhandedness and enforceability. The Russian Supreme Court has placed enforceability in serious doubt by holding that a standard form ICC arbitration clause is unenforceable under Russian law because there was ...
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CommentLegal: Say what you see
If a party has taken a conflicting stand in a related case, an adjudicator may be obliged to disclose those case documents
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CommentLegal: Speaking doesn't make it so
A new and momentous Supreme Court ruling makes ‘NOM’ clauses banning oral modification far more effective
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CommentLegal: Complications with termination
Hamish Lal unpacks Sir Robert McAlpine’s recent court defeat on payment over a terminated contract for work at Centre Point Tower
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CommentFit for purpose
The MT Højgaard case in the Supreme Court illustrates how lawyers, adjudicators, arbitrators and judges are now likely to mediate competing contract terms
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CommentBut is it any good?
The Society of Construction Law released the second edition of its Delay and Disruption Protocol in early March. Progress has been made but perhaps not enough