In commemoration of The International Construction Law Review’s anniversary, forthcoming parts of this year’s volume will turn a reflective eye upon publications from our very first volume. These publications will be republished alongside additional commentary authored by subject matter experts. The additional commentary will include an update in legal and practical developments since the article was first published and a reflection upon the significance of the article in its findings.

We begin Part 1 of the 2024 volume with Jack Hill’s article, “Driving Sustainability Through Contract: The Carrot or the Stick”. Hill proposes contractual and regulatory incentives necessary to encourage innovative solutions for sustainable building. The article incorporates behaviour economics analysis to determine whether “carrot-like” rewards such as performance bonuses and construction alliances or “stick-like” punishments such as fixed lump sums and performance guarantees motivate innovation. These principles are then put into action in Hill’s hypothetical scenario of constructing Melbourne’s largest net zero commercial tower, to which he assesses the consequences of both approaches from a financial and environmental perspective. Hill assesses different types of contractual provisions, the type of incentives provided, feasibility in practice and impact on innovation in sustainable building.

Next, we turn to Franco Mastrandrea’s article, “The Appraisal of Contractors’ Acceleration Claims”, and its commentary on the growing popularity of acceleration claims across different common law jurisdictions. Mastrandrea challenges the common perception that contractors only accelerate construction as a last resort to reduce litigation costs when contesting liquidation damages and instead, discusses the direct and indirect motivations for acceleration where there are legitimate grounds for to seek time extensions. Finally, Mastrandrea suggests that a