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We discuss in this paper in what circumstances can a contractor be found liable for defects discovered by the building occupier several years after project completion, whether by reason of contractual commitments or by reason of tortious duties arising under statute and common law.

We critically discuss in this paper the relationship between common law and statute throughout the development of the law of obligations (i.e. contract and tort) in England and Wales and consider whether there are any areas of contract and/or tort law where further statutory intervention would be desirable.

We discuss in this paper the extent to which UK and international standard form construction contracts and consultant appointments include binding provisions for proactive risk management, and consider the effectiveness of those provisions in avoiding or resolving disputes.

We consider in this article whether the use of Standing Dispute Boards could bring merits in and be adopted by the UK construction industry, and, if so, would this require amending the legislation in force.