Construction delay disputes are rarely straightforward. A project may finish months behind schedule, but that fact alone does not reveal which event caused the critical delay, which party bore the relevant risk, or what remedy should follow. The contractor may claim an extension of time and prolongation costs, while the employer seeks liquidated damages for […]

Construction projects are uniquely vulnerable to disruption caused by unresolved disputes because interruptions in payment or performance during ongoing works can rapidly affect labour, procurement, subcontractor mobilisation, project sequencing, and ultimately project viability. Unlike many commercial disputes, construction conflicts frequently arise while contractual performance is still ongoing, meaning that delayed resolution may itself become a […]

As the year begins, many in the construction industry are reviewing the disputes, claims, and lessons that shaped their projects in 2025. International construction arbitration continues to be demanding, shaped by technically complex records, evolving contractual frameworks, and growing expectations for timely and fair resolution of disputes. Looking ahead, several issues will continue to dominate […]

Back-to-back clauses are a common feature of large international construction projects, particularly in the infrastructure and energy sectors, where works are delivered through multi-tiered subcontracting structures. In such arrangements, employers and subcontractors have no direct contractual relationship, a separation commonly referred to as the principle of privity of contract.[1] As a result, this contractual structure […]