As a thought leader in our space, we are pleased to share a recap of our most popular articles for quarter four, 2023. This quarter saw our experts explore topics from maintaining independence in expert commissions, to navigating the building safety act’s position of principal designer.

Below you will find links to our top five articles, as well as the authors’ details. Please feel free to reach out to any of our authors to discuss any of the topics covered in their work.

5. Navigating the Building Safety Act’s position of Principal Designer

“The government does not expect ‘duplicate duty holders’, and the intention is for both Principal Designer roles to be performed by the same entity to avoid confusion… there is very likely to be increased demand for architects, as lead designers, to also act as the Principal Designer.”

4. Maintaining Independence – Are Legal Advisors Over Cautious When Working with Experts?

“It is important to strike a balance between managing potential risks and allowing experts the necessary access to clients for information gathering, understanding the context of the case and also assessing actual damages which, often, clients may not completely understand themselves. As long as the experts conduct all interactions and analysis on the basis that they are an independent expert, where does the risk lie? “

3. Are you forgetting to chew? The unhealthy obsession hampering major projects

“Just as we sometimes incentivise integration and interface goals for contractors, we could do the same for project leaders – creating a relay race with incentives on getting that baton safely passed to the next runner, all the while keeping an eye on the overall race.”

2. Cost reimbursable contracts – Owner’s recovery of overpayment

“How does the owner recover any overpayment of time-related costs incurred during periods of non-compensable delay? There are several provisions to look for in the contract that may assist the owner in formulating a contractual position.”

1. The Benefits of Early Geotech Risk Mitigation

“When geotechnical risks are investigated appropriately well before construction starts, essential knowledge about subsurface conditions can be used to inform construction methods, materials, and budgets. However, preliminary investigations may not have the benefit of knowledge about the final design, and issues may be missed, leading to change orders, project delays, disputes, and claims.”