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Defects in dispute : Common modern construction-related defects and their context in construction disputes
Journal of Building Survey, Appraisal & Valuation,
10
(1),
34-45
(2021)
Abstract
In this paper, the author considers the nature of construction-related defects identified from 59 of 307 reported decisions in cases from the England and Wales High Court Technology and Construction Court (TCC) between 15th January, 2016 and 11th November, 2019. The paper explores what surveyors, dispute resolvers and legal representatives can learn about the nature of construction-related defects from the identified cases. Defects cases over the last three to four years indicate that approximately 19 per cent of cases heard by the TCC relate to construction and building defects and remain a central part of TCC business. Current indications are that this trend will continue despite recent advances in methods of construction and technology.
Keywords: construction defects; alternative dispute resolution; litigation; Technology and Construction Courts (TCC); party wall; building pathology
The full article is available to subscribers to the journal.
Author's Biography
Matthew Fedigan is a co-founding director of Domec Professional Services buildings consultancy. He specialises in all aspects of construction and property-related dispute resolution. Matthew regularly accepts direct instructions to represent clients in respect of construction and property-related disputes as a party representative or separately as an adjudicator or mediator. He is a member of the RICS President’s Panel of Adjudicators. As a chartered building surveyor, Matthew is often appointed to advise and represent clients in respect of major building defect claims and related matters. Matthew has developed professional and academic specialities in an array of commercial construction and property law and related research. He is currently undertaking an academic PhD in construction and property law and construction-related alternative dispute resolution at Liverpool John Moores University. He regularly gives seminars and lectures for major institutions, law firms and universities. Matthew is a previous recent recipient of the RICS International Young Surveyor of the Year award. He is a Fellow of the Royal Institution of Chartered Surveyors and the Chartered Institute of Arbitrators, and a member of the Society of Construction Law.
Citation
Fedigan, Matthew (2021, June 1). Defects in dispute : Common modern construction-related defects and their context in construction disputes. In the Journal of Building Survey, Appraisal & Valuation, Volume 10, Issue 1. https://doi.org/10.69554/SIHP8053.
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