Construction Contracts and the Corporate Insolvency and Governance Act 2020

In our first two blogs on the Corporate Insolvency and Governance Act 2020 (CIGA), we looked at how: CIGA impacts construction and engineering contracts generally; and to what extent it may affect step-in and automatic termination rights. As the first blog outlined, CIGA materially restricts a contractor or sub-contractor’s options in situations where the recipient … Read more

Contractor entitled to claim lost profits under Operation and Maintenance contract following Owner’s breach of Design and Build Agreement

Infrastructure projects often involve a complex suite of documents which are negotiated together but each constitutes a separate binding agreement. By way of example, a project developer and a host government may sign a land lease, a construction contract and long term operating agreement. The UK’s Privy Council, which is the highest court of appeal for several … Read more

CIGA and Construction Contracts

I started my legal career in the wake of Sir Michael Latham’s seminal report ‘Constructing the Team’ and the enactment of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA).  So when I read section 14 of the newly enacted Corporate Insolvency and Governance Act 2020 (CIGA), which adds section 233B Protection of Supplies of … Read more

Force majeure considerations in the “second wave” of Covid-19

When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were contemplating an easing of Covid-19 lockdown restrictions following a downturn in cases, and a second wave was discussed as a possibility. In the six months since, we have seen … Read more

International Guide to Construction and Engineering Law 2020

Construction and Infrastructure partners David Nitek, Nicholas Downing, Michelle Li and Hew Kian Heong have authored chapters in latest The International Comparative Legal Guide to: Construction & Engineering Law 2020. David and Nick are also contributing editors of this edition. As with previous editions, this guide provides insights into how different legal systems approach the … Read more

International Construction Law Conference

KCL Centre of Construction Law and Dispute Resolution in collaboration with the Academy of Experts invite you to this online conference. Thursday 10 September 2020, 09:30 – 18:00 BST   About this event This conference unites the foremost international construction law practitioners from 24 leading law firms, chambers and expert consultancies, along with a number … Read more

The Prevention Principle – An irreproachable concept?

We recently spoke with Thomas Lazur of Keating Chambers on the “prevention principle”, covering topics including: The development of the prevention principle and the concept of “time at large” Are there signs of judicial questioning of the prevention principle? The high water mark of prevention principle appears to have passed. Does this open the door … Read more