Insights: Christian Charles

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The new Pre-Action Protocol for construction and engineering disputes

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Background Most construction and engineering disputes are settled by negotiation and without the need for formal dispute proceedings.  Where disputes cannot be resolved in this way, a claimant will usually have the option of pursuing its entitlements through statutory or contractual adjudication.  In some cases, however, litigation or arbitration will be necessary. Before commencing court […]


Resolving construction disputes: Is there another way?

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Many disputes that arise from construction projects are solved in adjudication – but mediation is an option that should not be overlooked. It is almost inevitable that disputes of some kind will arise during the course of a construction project. These disputes can usually be resolved without the need for formal dispute resolution proceedings.  However, […]


Less than final settlement

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Disputes and differences arise in connection with most construction projects, large or small.  In our experience, a majority are resolved by the parties without recourse to formal dispute resolution, particularly while projects remain ongoing.  Moreover, even the minority which become subject to dispute resolution proceedings appear to us to be settled before determination.  In essence, […]


Termination and construction contracts

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Within the construction industry there appears to be uncertainty as to the circumstances in which a party can terminate a contract and the consequences of a wrongful termination. There would also seem to be a general lack of understanding of the concept of a “repudiatory breach” of contract, and how this is relevant to termination. […]


Fladgate announces partner promotion

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Fladgate LLP is delighted to announce the promotion of commercial property specialist Gavin Whitney to its partnership in the latest round of internal promotions, effective 1 April 2016. As part of the firm’s Route to Partnership policy, Fladgate has made a number of additional promotions within its partnership structure as well as promoting Tom Bolam […]


Providing services free of charge: a cautionary tale

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It is not uncommon for professional consultants such as architects, engineers, project managers (and even lawyers) to provide services for friends, contacts and clients free of charge.  We do this for a number of reasons, often with a view to securing profitable, fee earning work in the future.  However, a recent decision of the Technology […]


Alternative dispute resolution and the court

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The English courts have for many years actively encouraged litigants to explore alternative methods of resolving their disputes. This support for alternative dispute resolution (ADR) was at the heart of the Woolf reforms in the late 1990s and is now enshrined in the Civil Procedure Rules and the Pre-Action Protocols, as well as the various […]


Unfair contract terms: suppliers beware

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A dispute over the quality of building products highlights the need for customers to understand the terms they are signing up to – and, where possible, to explore the possibility of alternatives. It is common in the construction industry for parties to enter into contracts on the basis of their standard terms and conditions. These […]