All Outputs (16)

Retaining trust: the Hip Hing Construction case and the future of cash retentions in the construction industry. (2024)
Journal Article
CHRISTIE, D.S. and MAK, C.H.W. 2024. Retaining trust: the Hip Hing Construction case and the future of cash retentions in the construction industry. Edinburgh law review [online], 28(3), pages 422-427. Available from: https://doi.org/10.3366/elr.2024.0923

Cash retentions are commonly provided for in construction contracts. These provisions allow the employer under a contract to hold back a portion of an instalment payment. These retained portions are then paid to the contractor at specific points: us... Read More about Retaining trust: the Hip Hing Construction case and the future of cash retentions in the construction industry..

Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages. (2024)
Journal Article
CHRISTIE, D. 2024. Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages. Juridical review [online] 2024(1), pages 27-37. Available from: https://uk.westlaw.com

There is a legal principle used by those dealing in practice with construction contracts, that where a construction project is not completed by the agreed completion date, but as a result of something happening which was within the responsibility of... Read More about Lads! Lads! Lads!: examining the interaction between the construction law "prevention principle" and liquidated damages..

Blockchain in construction law. (2023)
Presentation / Conference Contribution
ARNELL, P., CHRISTIE, D., MANTE, J. and DOUNAS, T. 2023. Blockchain in construction law. Presented at the March 2023 In conversation with Paul Arnell, David Christie, Joseph Mante and Theo Dounas, 1 March 2023 [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=WxcySoZo2tI

In this webinar Paul Arnell, David Christie, Joseph Mante and Theo Dounas (all affiliated with Robert Gordon University) discuss construction law including Blockchain, Smart Contracts and payments.

DPN-ing student thinking. (2022)
Presentation / Conference Contribution
MCLEAN, R. 2022. DPN-ing student thinking. Presented at the 2022 RGU annual learning and teaching conference (RGU LTC 2022): enhancing for impact, 21 October 2022, Aberdeen, UK.

The DPN is an online thinking community. It offers tools for expressing and justifying opinions on dilemmas of every kind, whatever the discipline. It is a contemporary social network focused on practical problem-solving, self-awareness and collabora... Read More about DPN-ing student thinking..

Smart contracts and payment in UK construction: the legal framework. (2022)
Book Chapter
CHRISTIE, D.S. and MANTE, J. 2022. Smart contracts and payment in UK construction: the legal framework. In Dounas, T. and Lombardi, D. (eds.) Blockchain for construction. Singapore: Springer [online], pages 167-184. Available from https://doi.org/10.1007/978-981-19-3759-0_9

This chapter critically evaluates the way in which the existing United Kingdom (UK) construction payment regime will function with – and assist – payment mechanisms which utilise smart contracts. Blockchain is one of several new developments in the i... Read More about Smart contracts and payment in UK construction: the legal framework..

Industry-led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law? (2022)
Journal Article
CHRISTIE, D., SAINTIER, S. and VIVEN-WILKSCH, J. 2022. Industry led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law? Liverpool law review [online], 43(2), pages 287-310. Available from: https://doi.org/10.1007/s10991-022-09307-5

The law of contract is changing. "Good faith" and “relational contracts” are used by parties more than ever before in commercial disputes. Yet, their definition and what it really means to act in good faith are still unsettled in the UK and Australia... Read More about Industry-led standards, relational contracts and good faith: are the UK and Australia setting the pace in (construction) contract law?.

Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour. (2022)
Journal Article
CHRISTIE, D.S. 2022. Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour. Edinburgh law review [online], 26(2), pages 268-273. Available from: https://doi.org/10.3366/elr.2022.0768

At £350m and the 'largest marine infrastructure project in the UK', the work to extend Aberdeen Harbour is a significant but somewhat troubled project, due for completion in 2022. The original main contractor, Dragados, had (reportedly) had difficul... Read More about Van Oord v Dragados: the Inner House dredge up good faith from Aberdeen harbour..

Pay now, argue later... (2018)
Preprint / Working Paper
CHRISTIE, D. 2018. Pay now, argue later... [online]. Available from: https://www.academia.edu/37734690/Grove_v_S_and_T_2018_Court_of_Appeal_-_my_thoughts.pdf

This is a note on the author's thoughts on the decision of the Court of Appeal on the case of Grove v S&T relating to the interaction of the adjudiction and payment provisions of the Housing Grants, Construction and Regeneration Act 1996 (as amended)... Read More about Pay now, argue later....

Collateral commentaries: construction law and the Contract (Third Party Rights) (Scotland) Bill. (2017)
Journal Article
CHRISTIE, D. 2017. Collateral commentaries: construction law and the Contract (Third Party Rights) (Scotland) Bill. Juridical review, 3, pages 195-202. Available from: http://www.westlaw.co.uk

Contracts create binding legal relationships between the parties to that contract. In Scotland and England, those who are not parties to a contract - 'third parties' - only gain rights in restricted circumstances. The existing historic common law rul... Read More about Collateral commentaries: construction law and the Contract (Third Party Rights) (Scotland) Bill..

How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration? (2017)
Journal Article
CHRISTIE, D. 2017. How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration? International construction law review [online], 34(2), pages 93-112. Available from: https://www.i-law.com/ilaw/doc/view.htm?id=376379

The NEC 3 standard form of construction contract aims to promote collaboration. It hinges on the use of a particular phrase 'mutual trust and understanding' which is largely undefined. Linking that to notions of good faith in contract, this paper exp... Read More about How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration?.

Pushing the boundaries: the impact of the changing nature of the professions in construction law. (2016)
Journal Article
CHRISTIE, D.S. 2016. Pushing the boundaries: the impact of the changing nature of the professions in construction law. Construction law journal [online], 32(8), pages 849-860. Available from: http://westlaw.co.uk

The way in which the role of the professions is understood in society is changing. One of the traditional effects of being a profession was that the relevant group was regarded as having a virtual monopoly over the provision of services in the area i... Read More about Pushing the boundaries: the impact of the changing nature of the professions in construction law..

The elephant in the dispute resolution room: problems with the definition of arbitration in Scots law. (2016)
Journal Article
CHRISTIE, D.S. 2016. The elephant in the dispute resolution room: problems with the definition of arbitration in Scots law. Juridical review, 1, pages 27-48. Available from: http://www.westlaw.co.uk

Considers the implications of the absence of a precise definition of arbitration in Scots law, particularly for distinguishing an expert determination from a judicial pronouncement. Examines options for resolving the uncertainty, including the lesson... Read More about The elephant in the dispute resolution room: problems with the definition of arbitration in Scots law..

Perry Mason days may be on way out. (2016)
Newspaper / Magazine
CHRISTIE, D.S. 2016. Perry Mason days may be on way out. Scotsman [online], 18 February 2016. Available from: https://www.scotsman.com/news/opinion/david-s-christie-perry-mason-days-may-be-on-way-out-1-4034330

In this article the author explains why technology is reducing the reliance on traditional courtroom hearings and keeping records digitally means getting to the truth is easier than in Perry Mason's time.

Collaboration: ideas from the construction industry? (2015)
Newspaper / Magazine
CHRISTIE, D. 2015. Collaboration: ideas from the construction industry? Energy voice [online], 9 October 2015. Available from: https://www.energyvoice.com/opinion/90045/opinion-collaboration-ideas-from-the-construction-industry/

During the current difficult period faced by the UKCS oil and gas industry, collaboration between the various parties in the offshore industry has been identified as one of the key factors in ensuring that the oil and gas output from the UKCS is maxi... Read More about Collaboration: ideas from the construction industry?.

Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry.
Presentation / Conference Contribution
CHRISTIE, D. 2019. Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry. Journal of commonwealth law [online], 1(1): proceedings of the 2018 Good faith in contract symposium,10-11 May 2018, Montréal, Canada, pages 403-442. Available from: https://www.journalofcommonwealthlaw.org/article/10813

The most important modern report on the culture of the UK construction industry had, as its aim, the creation of an atmosphere in the industry where, in the words of Lewis Carroll's Dodo: 'Everybody has won and all must have prizes' That required 'be... Read More about Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry..

Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications.
Presentation / Conference Contribution
CHRISTIE, D., MANTE, J. and MAK, C.H.W. [2024]. Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications. Kuwait International Law School journal [online], (accepted for forthcoming special issue): proceedings of the 10th Kuwait International Law School annual international academic conference (KILAW 2024): artificial intelligence: its applications, academic and practical legal implications, 1-2 May 2024, Kuwait City, Kuwait. To be made available from: https://journal.kilaw.edu.kw

This paper comprehensively analyses the potential of blockchain technology and smart contracts to revolutionise dispute resolution. As dispute resolution methods evolve, blockchain and smart contracts, which offer efficiency, transparency, and fairne... Read More about Transformative impact of blockchain technology and smart contracts on dispute resolution: legal challenges and other implications..