Sean Gibbs’ Post

Success starts with the right advice. Always speak to an expert. Legal expert in Construction and Engineering Law. High performing Construction Barrister Charles Edwards MSt(Cantab) MSc(Lond) MRICS FCInstCES Barrister (with a commercial/QS background) at Gray's Inn Construction Chambers (60 Gray's Inn Road) and New Temple Chambers, Barristers (situated in The Gherkin). Beautiful morning advising Contractors on multiple construction and engineering disputes in respect of non-payment and delay issues (JCT2016/ NEC4/FIDIC2017/bespoke construction contract). High quality legal advice and robust representation when it matters most! Protect your entitlements. Cash is King! Contact me directly on LinkedIn to find out how we can assist you or your organisation with any construction dispute or for a second opinion. #constructionlaw #excellence #constructiondispute #payment #cashisking #constructionclaims #valuation #interimpayment #delays #JCT2016 #variations #compensationevents #NEC3 #NEC4 #FIDIC2017 #constructioncontracts #constructionindustry #contractors #subcontractors #commercialdirectors #commercialmanagers #claimsconsultants #quantitysurveyor #legaladvice #highcourt #TCC #adjudicationenforcement #adjudication #arbitration #constructionbarrister

The Construction Contracts Act 2002 provides for adjudication as a means to achieve speedy resolution for parties in dispute under a construction contract. Recently we have seen a rise in the use of adjudications, as parties look for a cost effective way to resolve issues. In the first of our series on Adjudications find out what adjudication is and when you might want to use it. As always, reach out if you have any questions. https://lnkd.in/gUh-ZN28

#RICS guidelines for the computation of delay damages in construction #Arbitration. This is a #guidance note. Where recommendations are made for specific professional tasks, these are intended to represent ‘best #practice’, i.e. recommendations that in the opinion of SCSI meet a high standard of #professional competence. Although members are not required to follow the recommendations contained in the note, they should take into account the following points. When an allegation of professional #negligence is made against a surveyor, a court or tribunal may take account of the contents of any relevant guidance notes published by SCSI in deciding whether or not the member had acted with reasonable competence. In the opinion of SCSI, a member conforming to the practices recommended in this note should have at least a partial defence to an allegation of negligence if they have followed those practices. However, members have the responsibility of deciding when it is inappropriate to follow the guidance. It is for each surveyor to decide on the appropriate procedure to follow in any professional task. However, where members do not comply with the practice recommended in this note, they should do so only for a good reason. In the event of a legal dispute, a court or tribunal may require them to explain why they decided not to adopt the recommended practice. Also, if members have not followed this guidance, and their actions are questioned in an SCSI disciplinary case, they will be asked to explain the actions they did take. This may be taken into account by the panel. It is for academic purposes and not for any commercial intent.

Ontario Court Emphasizes Clear Dispute Resolution in Construction Projects A recent Ontario Superior Court ruling emphasized the importance of clear arbitration agreements and robust contractual frameworks in construction claims. The court highlighted the need to adhere to CCDC Contracts for resolving disputes, particularly for issues like unforeseen ground conditions. This reinforces the necessity for construction professionals to follow agreed dispute processes and have clear mechanisms for managing unexpected site conditions and cost adjustments. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/gJW8uR4 to learn more. #ProjectManagement #ClaimsManagement #CommercialAdvisory #DisputeResolution #ConstructionClaims https://ow.ly/JFO350SWVY3

Ontario Court Emphasizes Clear Dispute Resolution in Construction Projects A recent Ontario Superior Court ruling emphasized the importance of clear arbitration agreements and robust contractual frameworks in construction claims. The court highlighted the need to adhere to CCDC Contracts for resolving disputes, particularly for issues like unforeseen ground conditions. This reinforces the necessity for construction professionals to follow agreed dispute processes and have clear mechanisms for managing unexpected site conditions and cost adjustments. JTE Claims Consultants Ltd. provides a wide range of services to the Canadian construction industry, including construction claims consulting services and commercial advisory and project control services. Visit https://lnkd.in/g43aR6r to learn more. #ProjectManagement #ClaimsManagement #CommercialAdvisory #DisputeResolution #ConstructionClaims https://ow.ly/JFO350SWVY3

Explore the latest legal developments in Ontario's construction industry.🛠️ Bevin Shores, partner at Gowling WLG, reveals insights into Ontario's construction legal landscape. Discover how procedural fairness is revolutionizing interim adjudication review. Read it here: https://lnkd.in/gBZY7WAq #ConstructionLaw #LegalInsights #GowlingWLG #OntarioCourt #AdjudicationFairness 

Is a collateral warranty a construction contract? According to the UK Supreme Court today, ordinarily it is not... "A collateral warranty will be an agreement 'for … the carrying out of construction operations' if it is an agreement by which the contractor undertakes a contractual obligation to the beneficiary to carry out construction operations which is separate and distinct from the contractor’s obligation to do so under the building contract ... A collateral warranty where the contractor is merely warranting its performance of obligations owed to the employer under the building contract, will not be an agreement 'for' the carrying out of construction operations." Tempting to think that the same conclusion would be reached under the CCA? https://lnkd.in/eGMure_2

The CCDC-2 form of contract does not restrict parties from employing a wide array of mechanisms to address and resolve claims. For example, beyond the two-year basic limitation period under Ontario’s Limitations Act, the Act also allows parties to have a "business agreement" that may vary limitation periods in certain circumstances. In Leveque vs. the MTO, parties are reminded that courts may enforce contractual limitation clauses if they are unambiguous, clear in language and scope, and exclude the operation of other limitation periods. Edward Lynde Q. Arb. Osler, Hoskin & Harcourt LLP #constructionlaw #constructionlawyer #disputeresolution #contractlaw #limitationperiods https://bit.ly/3NbZGfP

RICS guidelines on termination of contract and corporate recovery #RICS sets the standards worldwide in the Commercial and Contract Management for the construction industry. This circulation is meant for academic purposes and not legal advice or commercial intent. #contract #construction #arbitration Ramasubramanian Ammamuthu

💡 In this edition of Commercial Disputes Weekly we consider the first decision by the Supreme Court on the meaning of “construction contract”, as well as judgments on agency, novation and interest provisions. Read more here: https://lnkd.in/eNrM9fkx   #WFW #DisputeResolution #Construction #Maritime