The terms of the contract will, of course, allocate the risk and cost of the Coronavirus. Although I have studied and have a keen interest in the law, I know where my expertise lies and, therefore, I stick to my specialist subject of delay rather than liability. To some degree, I think that the outfall […]
In this case the claimant successfully continued an injunction restraining the defendant’s consultancy firms from acting as Expert Witnesses for another party in ICC proceedings against the claimant. Articles published elsewhere in the industry have questioned the impact that this might have for the larger global Expert Witness firms. First of all, how is Diales […]
He advises those in the construction sector to take steps to improve their current position, and use the inevitable upcoming period of downtime to review contracts for future use. COVID-19 has put us all in completely unchartered territory. A situation like this is totally unprecedented, and for many, there is a lot of uncertainty surrounding […]
Nonetheless, when construction goes wrong, it can have dire impacts, and often an Expert Witness is needed to determine what exactly went wrong so justice can prevail. Below, Kurt explains the various ways that construction goes wrong and how he assists in such cases. What are the various stages during which construction can go wrong? […]
Originally a corporate lawyer practising in the area of mergers and acquisitions and commercial litigation, Olivia decided to change her specialism to building and construction law when she became involved in her own building dispute. “I really enjoyed it. I thought: ‘I don't need to get ten witness statements to prove my client’s case or […]
An “accident” is an unintentional, unplanned and unexpected incident (or event) that occurs without apparent or deliberate cause. How do you determine who is at fault for the accidents that may occur during construction works? Determining responsibility rather than fault can take some time. In today’s world “fault” is an opinion where responsibility is a […]
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