Building Voices

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.

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.

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

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. 

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.

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.