Through the Ages: Construction Law and All That

The Honourable Mr Justice Akenhead

March 2014

A paper presented to a joint meeting of the Society of Construction Law and the Technology and Construction Bar Association in London on 26th November 2013

In his paper, Mr Justice Akenhead finds in recorded myth and ancient history echoes of continuing problems for which modern construction law still has to offer solutions. He looks back to the Code of Hammurabi, ancient Egypt and the Roman Empire, but builds a bridge to recent case law from the Technology and Construction Court in London, including what may seem contemporary issues: delay analysis, the relevance of ideas of 'good faith' to the execution of contracts, the scope of fitness for purpose obligations on suppliers of services and the finality of settlements reached through mediation.

Introduction - Delay - Equity and good faith - Fitness for purpose - War, compromise and mediation - The need for construction law judges, then and now - Is history bunk?

The author: Sir Robert Akenhead is Judge in Charge of the Technology and Construction Court.

Text 16 pages.