Publications

Introduction In this era of low economic growth and high inflation, it is no surprise that the construction industry is facing a brutally challenging period. Rocketing interest rates, escalating material and labour costs, and growing pessimism, are heaping pressure on the sector. Across the construction supply chain, insolvencies have been rampant in many countries. This unforgiving climate and gloomy outlook is delaying or deferring spending and investment, but it is also creating concern, tension and discord in existing construction projects. These difficulties must be worked through by project stakeholders to stave off full-scale disputes, yet dispute resolution proceedings, such as arbitration, frequently occur across the industry. The bleak backdrop forms the foundation of the CMS International Construction Study 2023, which draws on extensive responses collected in late 2022 from industry experts and targeted interviews with selected senior professionals. The report outlines the difficult circumstances that the sector faces, but highlights the measures that can be taken to limit or prevent the fallout.

Protest on the streets, protest online, even litigation used as a vehicle for protest. Protestors targeting a business may be standing in a crowd, holding a placard or shouting slogans. But they may also be behind a computer screen or pursuing a claim against the business through the courts. They may even be working inside the business, preparing to compromise its systems or leak confidential information. Whether they are activists, employees or customers, all these protestors may present a substantial challenge and a real threat to businesses, in areas including its security, reputation and bottom line. 

Introduction The COVID-19 crisis is an extreme example of the many unexpected incidents that impact construction projects, resulting in heightened tensions and disputes amongst stakeholders. The pandemic has accentuated many of the typical frictions that occur in the construction industry, as well as highlight new challenges. No matter how experienced or astute the parties to a project are, when negotiating and concluding contracts, there is always the potential for an unforeseen event to cause major disruption, resulting in commercial pressures and financial losses. Readjusting Risks, the latest CMS International Construction Survey for 2021, is available to download now. This year's report examined more than 50 responses from senior members of the industry and conducted interviews with leading figures that have key responsibilities for construction contracts, projects and the resolution of disputes. The survey drew in responses from across the world, especially Europe, Middle East, Africa, Asia and Latin Amer­ica.    The report showcases the primary trends in the market, from the increasing enthusiasm for arbitration as a preferred form of dispute resolution, along with mounting preferences for mediation and other forms of alternative dispute resolution (ADR), to industry-wide recognition that keeping better records and managing change more effectively are vital to minimising tensions and potential disputes. It also reviews the additional strain of COVID-19 on the industry.

Privilege is an important, and complex, issue that arises in contexts ranging from investigations and expert reports, to multi-party litigation and settlement negotiations, as well as day-to-day com­mu­nic­a­tions...

The 2019 edition of our internationally focused Annual Review of English Construction Law Developments summarises the key developments of English construction law over the last 12 months. This edition...

Welcome to the 2018 edition of our internationally focused Annual Review of English Construction Law De­vel­op­ments.2017 has been another busy year for the development of English construction law. This...

At the beginning of December 2017, FIDIC published its much-heralded and long awaited new editions of the Red, Yellow and Silver Books. The new versions contain extensive amendments and are an attempt...

At the NEC Users Group Annual Seminar on 22 June, the new NEC4 suite of contracts was launched with much fanfare and praise by members of the ICE, Cabinet Office, industry and naturally, the NEC4 Contract...

Welcome to the 2017 edition of our internationally focused Annual Review of English Construction Law De­vel­op­ments.2016 has been a busy year for the development of English construction law, making this...

Welcome to our Spring edition of Disputes Digest. In this edition, we look back at 2016 and summarise the key litigation and arbitration cases of 2016 for corporate counsel to be aware of. We also...

Welcome to the fourth edition of Disputes Digest, featuring commentary and analysis on the latest developments in dispute resolution across the UK and beyond. Over the summer, the debate over the legal...

This edition contains updates and commentary on a range of issues, including articles on the High Court’s ‘Financial List’ which is now up and running, current trends in pensions litigation, key...