Common Sense, not so common

In this episode of Common Sense, Not So Common, Nasir Khan speaks with Carly Thorpe, Equity Partner and Head of Construction and Engineering at Walker Morris, about risk allocation, contract drafting and the practical realities of adjudication.

Drawing on recent cases and her writing for Adjudication Matters, Carly explains why transferring a risk does not necessarily mean it has been properly managed. They discuss steel tariffs, project-specific risk allocation, payment and pay less notices, the unintended consequences of amending standard-form contracts and the increasing complexity and cost of adjudication.

Carly also shares her journey into construction law, from discovering the subject during her training contract to becoming an Equity Partner and practising adjudicator. The conversation concludes with social mobility, diversity in appointments and the importance of mentoring, sponsorship and transparent career pathways.

The central lesson applies equally to contracts and careers: clarity matters, assumptions must be challenged and opportunity should not depend upon whether someone appears to “look like a lawyer”.

• What common sense means in legal and commercial problem-solving.
• Why risk allocation should reflect the particular project rather than a blanket policy of passing risk down the contractual chain.
• How clear, simple drafting and timely communication can prevent disputes.
• The balance between technical compliance, commercial substance and procedural fairness in adjudication.
• Why bespoke amendments must work with the Construction Act and the wider contractual machinery.
• Carly’s journey into construction law and adjudication.
• Keeping lower-value adjudications proportionate through simpler procedures and controlled costs.
• Mentoring, sponsorship, diversity in appointments and making social mobility meaningful.

00:00 – Why disputes begin before the courtroom
01:20 – Introducing Carly Thorpe
02:07 – What common sense means in legal problem-solving
04:12 – Carly’s early interest in law
05:46 – Discovering construction law during her training contract
09:45 – Steel tariffs and project-specific risk allocation
12:35 – Turning judgments into practical industry lessons
15:40 – Payment notices, pay less notices and technical compliance
18:22 – Becoming an adjudicator
20:23 – When an adjudicator identifies a point neither party has advanced
23:19 – Has adjudication become too complicated?
25:43 – Just because you can, does not mean you should
29:37 – The risks of amending standard-form contracts
32:46 – Carly’s work with the Adjudication Society
37:56 – Becoming an Equity Partner
40:54 – Improving diversity in adjudication
43:26 – Opportunity, perseverance and mentoring
45:00 – Making social mobility meaningful
48:48 – Advice for young people entering law without connections
49:44 – Final reflections

In this episode, Patrick Waterhouse shares his extensive experience in construction, dispute resolution, and contract management, emphasizing the importance of common sense, effective contract administration, and diversity in the industry. Discover insights on NEC contracts, dispute avoidance, and the future of AI in adjudication. keywords construction, dispute resolution, NEC contracts, adjudication, mediation, project management, diversity, AI in legal, PFI projects key topics The role of common sense in construction and dispute resolution Evolution and application of NEC4 contracts Strategies for dispute avoidance and management The importance of diversity and inclusion in the industry The potential and limitations of AI in adjudication and dispute resolution.

Chapters
00:00 Introduction to Patrick Waterhouse and his background
03:19 Practical experience shaping adjudication skills
07:08 Witness statements and their role in disputes
10:37 Contract administration and behavior in NEC contracts
13:32 The role of collaboration and communication in contract management
16:33 Risks and disputes in long-term PFI projects
20:16 The importance of planning and design in construction
22:14 The need for consistent pipeline of work and training
24:42 Developing skills and diversity in the industry
27:25 Adjudicator motivation and mental resilience
30:01 The role of AI in dispute resolution and adjudication
34:10 The benefits and limitations of AI tools in construction disputes
37:25 Supporting diversity and inclusion in the industry
40:13 The future of adjudicator diversity and mentoring
44:36 The importance of self-motivation and focus for adjudicators
46:37 Dealing with technical issues and maintaining focus
49:56 The qualities of a good adjudicator beyond technical skills
53:43 Using AI responsibly in legal and construction disputes
57:11 The ongoing need for diversity and inclusion efforts
58:48 Closing remarks and industry outlook

Are payment disputes really about money or are they the result of deeper failures in communication, leadership and trust?

In this episode of Common Sense, Not So Common, I speak with Keith Kelliher, one of Ireland’s leading construction adjudicators and dispute resolution professionals.

Drawing on decades of experience, Keith shares the common sense lessons he’s learned from resolving payment disputes, why good projects rarely end up in adjudication, and what the construction industry can do to prevent disputes before they arise.

We also discuss the current challenges facing statutory adjudication in Ireland, what they mean for businesses, and why access to quick and effective dispute resolution matters to the entire construction industry.

Whether you’re a contractor, consultant, quantity surveyor, lawyer, adjudicator or simply interested in better decision-making, this conversation is packed with practical insights.
In this episode we discuss:

• Why payment disputes are rarely just about money
• The importance of communication, leadership and trust
• Lessons from decades of construction adjudication
• The current challenges facing adjudication in Ireland
• Advice for young professionals entering dispute resolution
• The future of adjudication, mediation and AI
• What “Common Sense, Not So Common” really means in practice
  If you enjoy the conversation, please like, subscribe and share to help more people discover practical lessons from leaders across the dispute resolution profession.
  
  #Construction #Adjudication #DisputeResolution #ADR #ConstructionLaw #Leadership #CommonSense #ProjectManagement #Mediation #arbitration

Can we truly rely on common sense or is it just a myth in a world full of biases and complexities? #arbitration #charity #adr In this eye-opening episode, Nasir Khan invites renowned dispute resolution expert Ben Giaretta into the conversation to unravel the mysteries of human decision-making. Through candid stories and grounded insights, Ben challenges the idea that common sense is anything close to common, revealing how biases, communication gaps, and process failures can quietly turn small issues into major disputes.

You’ll hear why many disputes begin long before anyone reaches court: in meeting rooms, through missed conversations, unclear expectations, and deferred decisions. Ben shares why mediation creates the space for people to think more clearly about what they actually want, how arbitration differs from litigation, and why patience, listening, and structured thinking matter so much when judgment is under pressure.

The conversation also explores the role of hindsight, the limits of AI in human disputes, and what it really takes to build better common sense over time. From practical decision-making frameworks to the importance of community and professional standards in dispute resolution, this episode offers thoughtful insights for leaders, mediators, arbitrators, and anyone interested in making better decisions under complexity.

Whether you work in dispute resolution or simply want to understand how communication, judgment, and perspective shape outcomes, this episode is a compelling reminder that better conversations can prevent bigger conflicts.

Ben Giaretta is an independent mediator and arbitrator, Chair of the Board of Trustees of the Chartered Institute of Arbitrators, and a respected voice in international dispute resolution.

Tune in for a thoughtful, practical, and human conversation about common sense, conflict, and the decisions that shape our work and lives.

In this episode of Common Sense, Not So Common, I speak with Matt Molloy, Master of the Worshipful Company of Arbitrators, about a remarkable career spanning construction, dispute resolution, education, writing and professional leadership.

Matt reflects on the experiences that have shaped his approach to the profession, what he has learned from teaching and mentoring generations of practitioners, and why sharing knowledge through writing remains so important to him. We also explore the continuing relevance of the Worshipful Company of Arbitrators, his priorities during his year as Master, and the qualities that distinguish a truly outstanding professional.

Away from professional life, Matt is preparing for an extraordinary Masters’ cycling challenge. He shares what inspired the journey, the important cause it will champion, and how others can support him and help raise awareness.

There are no shortcuts to experience. This podcast and its accompanying newsletter seek to share the life lessons, professional insight and personal journeys of remarkable people. In dispute resolution, experience is often gained only by experiencing and Matt’s journey has much to teach us.

We wish Matt and everyone taking part a safe and successful journey. We will all be cheering them on.