Our top five articles of quarter three, 2023

As a thought leader in our space, we are pleased to share a recap of our most popular articles for quarter three, 2023. Our experts cover topics from a deep-dive into unforeseeable ground conditions, to how to be more attractive (to your clients, of course!).

Below you will find links to our top five articles, as well as the authors’ details. Please feel free to reach out to any of our authors to discuss any of the topics covered in their work.

5. Enforceability of multi-tiered dispute resolutions clauses revisited in the court of appeal

“Difficulties may arise […] where the parties do not take sufficient care in drafting bespoke clauses. This can lead to a provision that is found to be unenforceable and, ultimately, having the opposite effect of what might have been subjectively intended by increasing the time and cost incurred in resolving a dispute.”

Mark Dixon


4. How to be more attractive (to suppliers)

This article is republished with permission from the Chartered Institute of Procurement and Supply – Supply Management.

“All business leaders want their organisation to be well-positioned in the market and known as a ‘client of choice’ or good to do business with. Because if you are considered a good client or customer, suppliers are more likely to value working with you, tender competitively with the best prices and resources, and commit to delivering on desired outcomes.”

Ben Berry


3. India-CRUX Construction Dispute Causation Series Part V: Late Approvals

This article is co-authored in collaboration with Payel Chatterjee, Aman Singhania, and Shuchita Choudhry of Trilegal.

“This Part V of the ten-part series focuses on ‘Late Approvals’ as HKA’s CRUX Report identifies this to be a main cause of claims and disputes on projects and covers potential triggers for Late Approvals, guidance on how to manage these challenges and legal stance/position under Indian law.”

Anand Udayakumar

Managing Consultants

2. A clear view – how ‘skylines’ show the domino effects of delay

“Having used this approach in a recent arbitration where the client achieved an award in its favour, I found the simplicity of the skyline presentation was well received by the tribunal. The large Gantt charts produced by modern software can be just too difficult to understand in some situations, and off-putting to tribunals.”

Bob Breeze


1. Unforeseeable Ground Conditions in Construction Claims

“Whether the actual ground conditions found at the site constitute something different from what should have been foreseen (i.e., foreseeable) can be a simple question of fact, but more often is open to interpretation and therefore can be fertile grounds for dispute between the parties. “

Nicola Caley


Muhammad Imran Chaudhary

Associate Director

This publication presents the views, thoughts or opinions of the author and not necessarily those of HKA. Whilst we take every care to ensure the accuracy of this information at the time of publication, the content is not intended to deal with all aspects of the subject referred to, should not be relied upon and does not constitute advice of any kind. This publication is protected by copyright © 2024 HKA Global Ltd.


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