December 2023

Fenwick Elliott Annual Review 2023/2024

This year’s Annual Review reports on a year which has seen the new building control regime come into force, the launch of ChatGPT, significant changes to arbitration in the Middle East, and the continued significance of developing affordable, secure and low carbon energy. We also look at the latest developments and precedents for NEC, IChemE and FIDIC contracts, as well as PFI agreements, and our customary focus on the year’s key adjudication decisions and case law.

Annual Review articles

• In this issue [1]
• AI is about to completely change construction law [2]
• Retentions: get rid or retain? [3]
• Getting termination right: lessons from the courts [4]
• Exercising the right to suspend: how does the FIDIC form work? [5]
• Arbitration in the Middle East: an update [6]
• CPR Part 8 claims: what are they and when should you consider starting one? [7]
• Statutory demands: a reminder of the risks [8]
• Higher-risk buildings regulations: surviving the new regime [9]
• The Building Safety Regulator and its role in the higher-risk building regime [10]
• Feeling the force: the impact of the BSA on downstream claims [11]
• Limitation periods: a timely reminder [12]
• The reinforced autoclaved aerated concrete crisis: to what extent will claims “RAAC up”? [13]
• Energy and the dilemma of delivery [14]
• PFI: a round-up from the courts [15]
• Breaking up needn’t be hard to do: preparing for PFI contract expiry [16]
• Review of the IChemE EPCM “Blue Book” [17]

Other Annual Reviews