Laura McTaggart MEng LLM’s Post

Very honored to publish again in the Construction Law International of the International Bar Association, now on the law and economics doctrine and the alternative dispute resolution methods applied to construction agreements. For those interested, below is the link to the latest edition of the publication, which features several articles on very interesting topics. https://lnkd.in/d92H3URJ

These days I don't keep track at all on construction law, and my law/construction law knowledge is largely 15+ years out of date, and mostly forgotten I'm aware though through academic papers I've written over the years, that the judiciary has changed the position on various fundamental common law principles over the last 20 years, including centuries old principles. I believe that this has resulted in (whether by design or otherwise) an explosion of disputes and boom time for law firms not seen since the Gold Rush (on construction matters at least). Some of those topics include: -the penalty rule (softened) -the own wrong rule (effectively abandoned) -the prevention principle (effectively abandoned) -assessing delay entitlement (vastly more complex) -conditions precedent (permitted) -liability caps (given ridiculous interpretation to nullify their effect) -more freedom of contract than even the 19th century classical period, resulting in all manner of unbalanced and contentious clauses If anyone's doing a masters or similar, they might want to consider this as a dissertation topic.

Watch our "𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠 𝐟𝐨𝐫 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞: 𝐂𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐨𝐧 𝐋𝐚𝐰 𝐒𝐞𝐦𝐢𝐧𝐚𝐫 𝐒𝐞𝐫𝐢𝐞𝐬," in which we highlight key topics from the Jones Walker Construction Law Seminar held in Houston, Texas. Partner and Construction Team co-leader Chad Theriot, and partner Neal J. Sweeney, described using project documentation and communication to manage project risk and to avoid construction disputes. The construction attorneys also described further steps to stay out of court when disputes cannot be avoided. Click the link below to view the full presentation and see use the link in the comments to request information about the 2024 Fall Construction Law Seminar. https://lnkd.in/gKcQkQ2R #JonesWalkerConstruction #BuildingfortheFuture #ConstructionLaw

Understanding Danish Construction Law Course hold by Simon Heising that given as a broad understanding of AB18 and life examples of construction law. Extremely useful knowledge, the course I would recommend to all my colleagues! With Monika on a trip to Copenhagen to broaden our professional skills😊 #nexusadvokater #konstruktørforeningen #constructionlaw

The Society of Construction Law Dublin conference on 9.11.23 to book:- https://lnkd.in/es96ue4s Day before 12th SCL Dublin lunch on 10.11.23 in The Round Room last 50 places available for lunch- https://lnkd.in/eZnk8fxe #constructionindustry #constructionindustry

We are pleased to share with you our contribution to the Chambers Global Practice Guide: Construction Law 2023. Our real estate and construction team has authored the Belgian chapter, providing valuable insights into the construction sector. The guide gives a comprehensive overview of the legal issues and industry trends affecting employers, contractors, sub-contractors and financiers. The guide offers an overview of construction contract basics, ranging from elements affecting the price to exclusions of liabilities, from remedies in case of delay to retention rights and ESG in the construction sector. Please read below and check out the full guide here: https://bit.ly/44zJhbG For any qu

Construction law is a complex area of law that covers a variety of different legal topics related to the design, construction, and maintenance of buildings and other structures. From the initial negotiations to the final completion, construction law can help protect all parties involved in a construction project. #constructionlaw

🎉 Excited to share that my first article has just been published in the Australian Construction Law Bulletin, authored alongside Juliana Jorissen, Katherine Vines and Jordana Sisarich! With the expanded unfair contract terms regime now in effect, it's more crucial than ever for businesses to understand the implications for standard form contracts. We explore the broadened definition of 'small business contracts', the increased financial penalties for unfair terms, and the enhanced powers granted to courts. Plus, we provide actionable guidance on how to review and justify contract terms to avoid falling foul of the UCT regime. Dive into the full article for a deeper understanding and practical tips on navigating these changes.

Explore the latest updates to the NZS 3910:2023 contract standard with insights from Simpson Grierson partner Michael Weatherall, a leading figure in New Zealand's construction law scene. Stay ahead of the curve with practical commentary on evolving legal standards from LexisNexis New Zealand. https://hubs.la/Q02y1y-80 #ConstructionLaw #LegalInsights #LegalNews #Construction

Read our NEC article in this year's Construction Law Review published by the Chartered Institution of Civil Engineering Surveyors (CICES): https://lnkd.in/e9n3JtdZ In the article, GVE's Managing Surveyor, Andy Inchmore compares #NEC3 and #NEC4 dispute resolution procedures: https://lnkd.in/eAtHFNUX #constructionlaw #disputeavoidance #disputeresolution #disputemanagers #gvecommercialsolutions #constructioncontracts #forensicprogramming #changemanagement #civilengineering #constructionconsultants