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23 April 2009 / Michael Regan
Issue: 7366 / Categories: Opinion
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Constructive criticism

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Michael Regan charts the demise of construction litigation

Any construction lawyer surveying the litigation landscape over the last 30 years or so would agree that it has changed considerably during that period. A cursory examination of recent volumes of the Building Law Reports indicates the scope of the changes which have taken place, revealing a mixed bag of cases drawn together under a general “construction law” theme. There are cases that involve adjudication, arbitration, procedural issues and several decisions from other jurisdictions, but comparatively few which a construction lawyer would readily equate with the heart and soul of this area of law.

However, it would be wrong to conclude that previous years’ reported cases (or those that the editors have chosen to include) are anything other than an imprecise snapshot of the types of dispute which now arise. It is the fact that certain types of cases are no longer finding their way through to final judicial determination which is more revealing, and it is only those that involve adjudication that give a clue to the true

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