Jason Sharp sits down with Lena Barnes of law firm, Devonshires for a look at the hot topic of termination. 

What are the valid legal reasons for terminating a construction contract? How can you safely terminate without risking legal action? How can you minimise the many risks associated with terminating a construction contract? What do standard construction contracts say?

Jason and Lena examine these questions and more in this brief podcast. Listen and find out the latest information you need to minimise the risks of construction disputes as a result of contract termination. 

Jason is joined by CEO of Merlin Insurance Brokers, Richard O'Brien to discuss key insurance challenges in the construction sector.

They cover the impact of the Building Safety Act on premiums, the increase in PI cover costs post-Grenfell, and what firms can do if they’re struggling to secure cover. 

Richard also shares insights on modular and tall buildings, performance bonds, and recent JCT contract amendments. The team also take a look at the latest and some potential new developments in the insurance sector. And of course - is AI impacting on insurance. 

This is a really insightful episode with lots to unpack. 

Visit Overford.com for more on Overford, and for Merlin, take a look at merlininsurance.co.uk

In this episode, founder and CEO of Built By Us, Danna Walker joins Crystal Jenkins for a conversation about the skills gap in construction. With a conservative estimate of 45,000 workers needed in the UK by  2027, drastic measures are needed if we are to attract and retain the best talent.

The pair share their experiences as women working in the industry whilst taking a look at some of the initiatives designed to attract new talent. They explore some of the main factors behind the skills shortage, including the lack of careers advice and constructions poor record on diversity. They consider how we might be able to overcome those barriers to entry, and how we can better support those already in the industry to ensure they stay.

Finally, they share some advice and wisdom for those considering a career in construction.

 In this compelling episode, Paul Sills and Guy delve into the crucial role of Construction Expert Witnesses within tribunals, courts, and adjudications. They explore how these experts significantly impact the dispute resolution process, shedding light on their essential contributions to legal proceedings involving construction disputes. Discover why the involvement of Construction Expert Witnesses is indispensable for effectively resolving complex issues and how their specialized knowledge influences court outcomes and adjudicative decisions. 

Paul and Guy examine these witnesses' pivotal role in assisting tribunals and judges. They discuss how conflicting expert opinions can complicate the decision-making process and the delicate balance experts must maintain between presenting their objective views and preserving their impartiality. The conversation highlights the potential challenges and biases that may arise when the same party frequently appoints an expert, emphasizing the importance of adhering to guidelines established in landmark cases like Ikarian Reefer.

The episode contrasts experts with practical, hands-on experience against those with purely academic backgrounds. Paul and Guy argue that Construction Expert Witnesses who integrate real-world experience with their technical expertise tend to be more effective and influential in resolving disputes. They highlight how practical knowledge allows these experts to provide more relevant insights and advice, ultimately aiding in more precise and more just outcomes in complex cases.

In this compelling episode, construction experts Paul Sills and Guy explore the evolving dynamics of mediation within the construction and engineering sectors. They discuss the crucial role of construction expert witnesses in mediation, explaining how their involvement reshapes dispute resolution. Discover why mediation, supported by construction expert witnesses, is gaining popularity and proving more effective than traditional adversarial methods. 

A key highlight is the discussion of facilitative and evaluative mediation, where they unpack what each approach entails and when they are most suitable for construction disputes. Paul and Guy evaluate these mediation styles' practical benefits and challenges and whether a hybrid method could offer a more flexible solution, addressing the unique complexities of construction conflicts.

Another critical topic is the enforceability of mediated settlements in construction disputes. The hosts explore whether mediated agreements can carry the same legal weight as formal judgments and share best practices to ensure compliance and enforceability of these agreements.

Construction Experts - Paul and Guy discuss different tribunals and different types of expert. How do they all work and relate to each other?  What’s a ‘Part 35’ Expert and why do we have them? Should this be the standard for all expert work? 

Can an advisor be an expert? 

The pair take a look at the importance of an expert ’sticking to their lane’ and being open to independent thought and impartiality. The importance of clarity, candour and lucidity in an expert report are also crucial and something Paul and Guy examine. 

Also - why are joint expert meetings and procedures like hot tubbing helpful to the process? Why are the best experts those who are able to concede to a mistake and accept new ideas?  And what makes a really good expert? 

In this episode, Guy talks to Kort Egan of Gatehouse Chambers about the enforcement of adjudication decisions.  In the second of the two-part episode, we look at settlements - can you enforce a decision after you’ve agreed on a settlement? 

The team also look at insolvency and dealing with parties who can’t pay.  Also - what about costs? How do courts deal with costs and how to deal with the risks of incurring more costs after an adjudicator has issued their decision? What is an “indemnity basis” in a costs decision. 

Furthermore, what if a party throws in additional paperwork and financial evidence at enforcement stage? 

The pair discuss 'entities' and technical arguments. How important is the precise and correct naming / identification of the contracting party? Similarly, the correct identification of offer and acceptance and their role in adjudication. Ultimately is it the facts and contracts that are important, not how things look when it comes to identifying the correct party? 

In this episode, Guy Jackson talks to Kort Egan of Gatehouse chambers about the enforcement of adjudication decisions. How are adjudication decisions treated when parties look to obtain or resist the decision they’ve been awarded? 

The pair look at the background to enforcement and its purpose. Can enforcement be easily resisted? Should enforcement be quick, in a similar fashion to the adjudication process itself? They also examine adjudicators' decisions and settlement agreements, and ask ‘what is the balance of probabilities’ and can it be interpreted differently by different people?  

The two look at the case of Carillion v Devonport. Is there any realistic option for resisting enforcement unless you have a very clear argument? Should an adjudicator set out their reasoning in detail on every adjudication? Is the quality of a decision something that can be raised? 

In this episode, Jason and Guy are joined again by Carly Thorpe, Partner at Law firm Walker Morris. 

The trio discuss methods for avoiding disputes. What is the best way to minimise the risk of legal fees? How should you manage your contract and ensure the best possible outcome? 

Jason and Guy are joined again by Carly Thorpe, Partner at Walker Morris. The team take a look at some of the different forums for dispute resolution - how they work and what the advantages and disadvantages of each are. 

The episode features: 

• 00'30" - Introduction to the different forums. 
• 01'00" - Litigation - going to court to resolve a dispute.
• 03'30" - Arbitration - a private forum which will use standard rules or those determined by parties to the dispute. 
• 05'40" - Binding - what does a 'binding' decision involve and how can you ensure you get the money you're owed?
• 07'00" - Adjudication as opposed to arbitration - what are the differences and how does construction adjudication work?
•  11'30" - What happens if you don't like the outcome of an adjudiction decision?

If you have any questions or would like to talk about any of the issues raised in the podcast please get in touch with the team today - www.overford.com