Skip to main content

Research Repository

Advanced Search

Mr David Christie


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], Online First. 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..

Splendid, but what does it actually mean? Good faith and relational contracts in the UK construction industry. (2019)
Journal Article
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..

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..