Construction projects are inherently complex. They often bring together multiple parties, detailed contractual frameworks, and technically challenging issues that can lead to high-value disputes.[1] In the construction industry, arbitration is frequently chosen for its neutrality, flexibility, and enforceability across jurisdictions. However, the costs of construction arbitration can be substantial and at times unpredictable, occasionally rivaling […]

The NEC family of contracts, short for New Engineering Contract, is a suite of standard forms of contract published by the Institution of Civil Engineers (“ICE”). NEC is designed for construction, engineering, and infrastructure projects and is used widely in the UK public sector. Its use has also expanded globally, particularly in jurisdictions such as […]

Construction contracts do more than set out scope, price, and timelines – they also determine how risks are allocated between the parties.[1] Risk allocation is often described as the “soul” of a construction contract because it defines who bears responsibility when projects face design errors, cost overruns, delays, or unforeseen site conditions.[2] The Fédération Internationale […]

Errors in the Employer’s Requirements (“ER”) are a recurring source of disputes in international construction projects governed by International Federation of Consulting Engineers (“FIDIC”) contracts. These requirements define the project’s technical and functional criteria, and errors can have significant legal and financial consequences for both employers and contractors. This note examines how such errors are […]