Singapore Appellate Court Confirms Validity of Delay Liquidated Damages on Termination

The Singapore Appellate Court has re-confirmed that delay liquidated damages stop accruing on the date a contract is terminated. This is an important decision for parties to Singapore law-governed construction agreements.  The established Singapore position, which allows an employer to rely on liquidated damages provisions even when the contract is terminated, was called into question … Read more

Building Safety Act 2022 – Three Construction Gateways

This blog looks again at the Building Safety Act 2022 (BSA 2022), this time considering the three construction gateways that will apply at the planning, construction and completion stages in the development of higher-risk buildings. The regulations that will bring the new regime into force are expected in 2023. Developers therefore need to consider these … Read more

Sanctions and Material Adverse Change Provisions

Craig Shepherd and Arnold Hoong have recently published an article in the Global Arbitration Review's Asia-Pacific Arbitration Review 2023 on the contractual effects of sanctions on construction projects. The article explored the effect of sanctions on contractual obligations within projects in the Asia-Pacific region as well as globally, and discusses what project owners and contractors should look out for. The article takes another look at force majeure and frustration in light of sanctions, whilst also highlighting the benefits of material adverse change clauses (or hardship provisions) as a customisable way for parties to improve project management, predictability and stability. Below are some of the key takeaways from the discussion. Read more

Getting paid: A New Bill to streamline Construction Disputes in Thailand

Construction disputes between contractors and employers in Thailand can take years to be resolved in court or arbitration. This can result in construction work being delayed and sometimes abandoned, and contractors facing financial difficulties. In response, Thailand is considering the introduction of a draft bill titled “Act on the Settlement of Disputes regarding Payment in … Read more


On 14 December 2021, Herbert Smith Freehills jointly hosted ‘Dispute Boards – The Asian Perspective’ with 39 Essex Chambers and HKA. The panel discussion considered the use of dispute resolution boards (DABs), covering their benefits, practical issues, and whether there are better alternative methods of dispute resolution available. Read more