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Building Voices is a new podcast series that focuses on the topical issues impacting dispute resolution and dispute management in the construction and infrastructure industries, as well as general developments across these sectors. The series is hosted by members of our ICE Disputes Team (Frances Gordon-Weeks, Conor Rodgers, Emma Hutchinson, Anne Thompson, Emily Newey and Jane Fender-Allison) and features a range of guest speakers including internal CMS market-leading lawyers, as well as external Counsel and industry experts.
Episodes
Friday Nov 12, 2021
Episode 10 - Payment/Pay Less Notices: I don’t believe it!
Friday Nov 12, 2021
Friday Nov 12, 2021
In the latest episode, we review the recent TCC decision in Downs Road Development v Laxmanbhai Construction which is the first to consider the subjective requirement for a valid payment notice under the Construction Act. This case is important for anyone involved in payment under construction contracts, looking in depth at the payment regime within the Construction Act and focusing in particular on the requirement for an issuing party to have a genuine belief in the sum stated as due.
The podcast covers:
- a recap of statutory requirements for payment notices under the Construction Act;
- the Downs Road decision – the need for a genuine belief in the sum considered to be due;
- why this is different to previous cases;
- what parties need to do now; and
- the implications going forward.
Episode ten is available to listen to here. You can listen to all episodes in the Building Voices podcast series here.
Tuesday Nov 02, 2021
Episode 9 - Treaty Claims for Cancelled and Modified Infrastructure Projects
Tuesday Nov 02, 2021
Tuesday Nov 02, 2021
In particular, they discuss the 2020 ICSID tribunal decision of Staur Eiendom AS, EBO Invest AS & Roxy Holding AS v Republic of Latvia. This decision, although not itself related to the COVID-19 pandemic, is very relevant to the economic upheaval wrought by the pandemic and the consequent reappraisal of many infrastructure projects across the globe.
The podcast provides a preview to the CMS Annual Review of English Construction Law Developments 2021.
Tuesday Oct 05, 2021
Episode 8 - Technology and data in construction disputes
Tuesday Oct 05, 2021
Tuesday Oct 05, 2021
Podcast number 8 in the CMS ICE Disputes Building Voices podcast series is a discussion with Shona Frame, a partner in the CMS ICE Disputes team and Duncan Turner, a partner in the CMS Technology and Data team about technology and data in construction disputes. We consider the increasing amounts of data being generated by technologies on construction site, the implications for parties to a project and what that means in a dispute, including:
- why we’re looking at technology and data in construction disputes now;
- key data management and data protection issues arising;
- the benefits in having a “data strategy”;
- how parties in a dispute can make best use of data arising from technology;
- what this means for future skills required in the construction industry.
Wednesday Aug 11, 2021
Episode #7 - On-demand bonds: the Shapoorji decision
Wednesday Aug 11, 2021
Wednesday Aug 11, 2021
Podcast number 7 in the CMS ICE Disputes Building Voices podcast series is a discussion with Simon Hale following his successful action in resisting an injunction in the Commercial Court to restrain a USD 32.2m bond call pending ICC Emergency Arbitration Proceedings. Topics of discussion include:
- A review of the parties’ positions including whether the question of whether it is appropriate to grant injunctive relief is ultimately one for the emergency arbitrator;
- Why the Court decided in Yumn’s favour; and
- Interim relief under section 44 of the Arbitration Act.
To read more about the decision please see the following updates:
Thursday Jul 29, 2021
Episode #6 - A discussion with Marcus Taverner QC about advocacy
Thursday Jul 29, 2021
Thursday Jul 29, 2021
Podcast number 6 in the CMS ICE Disputes Building Voices podcast series is a discussion between Marcus Taverner QC and Rebecca Taverner about advocacy.
Marcus Taverner QC, a barrister at Keating Chambers, shares his views on what makes a good advocate, including:
- Good and bad advocacy;
- Different approaches to advocacy; and
- Common characteristics of good advocates.
Monday Jun 28, 2021
Episode #5 - Early identification and management of a dispute – Mediation
Monday Jun 28, 2021
Monday Jun 28, 2021
Podcast number 5 in the CMS ICE Disputes Building Voices podcast series focuses on the early identification and management of disputes and, specifically, the use of mediation as an alternative form of dispute resolution. Shona Frame, a Partner in the ICE Disputes team, and Jane Fender-Allison, a Senior Associate in the ICE Disputes team, discuss the importance of mediation and what it can offer to parties involved in a dispute, including:
- What is mediation and recent developments;
- Why should the construction industry be interested in mediation; and
- How parties to a dispute can use mediation most effectively.
Monday Jun 21, 2021
Monday Jun 21, 2021
Podcast number 4 in the CMS ICE Disputes Building Voices podcast series is a whistle-stop tour of disputes avoidance issues in the construction and infrastructure sectors. Sarah Grenfell, a Partner in the ICE Disputes team, brings her many years of experience to consider key topics of discussion including:
- The importance of keeping records;
- Factors that are most likely to cause conflict on projects; and
- Early case evaluation/management.
The podcast follows on from a seminar on the same topic, presented by Sarah and HKA earlier this year. For more information on the seminar please following this link: Disputes avoidance in the construction and infrastructure sectors – anticipating, preparing, protecting | HKA
Tuesday May 25, 2021
Tuesday May 25, 2021
In the third episode of the CMS ICE Disputes Building Voices podcast series we consider the recent TCC case of Westminster City Council v Sports and Leisure Management Ltd. The case concerns the interpretation of a change in law clause and the meaning of the phrase “reasonably agreed between the parties”. During this podcast we discuss the Court’s decision and the implications of the decision on our construction clients – a key takeaway is that making a change of law clause parasitic on other provisions is likely to cause difficulties. The case also serves as a useful reminder for all parties to carefully review contracts with pandemic restrictions in mind.
Thursday Apr 29, 2021
Episode #2 - What next for construction contractors in 2021?
Thursday Apr 29, 2021
Thursday Apr 29, 2021
Following a turbulent year of pandemic restrictions and market uncertainty, in this second podcast in the Building Voices series, Frances Gordon-Weeks hosts a discussion focused on the key legal and commercial issues likely to impact contractors in 2021. Guests include industry experts from across CMS. The following topics are considered:
- The Fire Safety Bill and the key takeaways for those working in the construction industry following the implementation of the bill later this year;
- The UK’s exit from the European Union and how this will impact the Construction industry from an employment perspective; and
- Recent technological advancements and how the construction industry can benefit from these innovations.
Friday Apr 16, 2021
Friday Apr 16, 2021
In the first episode, Frances is joined by Adrian Bell, CMS Partner and Co-Head of the ICE Disputes team, to discuss the recent Secretariat Court of Appeal decision, and the issues that can arise when opposing parties try to appoint experts in the same global professional services firm. This issue frequently arises during technically complex cross-border construction disputes where it can often be the case that finding the expert with the appropriate specialism is not a straightforward task.