Restraining bond calls: Singapore Court shows reluctance

Under Singapore law, contractors can seek to restrain calls on on-demand bonds based on “unconscionability”. This is where the call is said to be made in bad faith or involves abusive, unfair or dishonest conduct. Unconscionability is a broader and less stringent standard than the traditional ground of fraud which is applied under English law. … Read more

Mass timber: mass appeal or a massive risk?

Introduction The government recently unveiled its Timber in Construction roadmap to increase the use of timber in the construction of homes and buildings. The roadmap assesses both the opportunities and constraints for increasing the safe use of timber in construction in England; as using timber is seen by the Department for Environment, Food and Rural … Read more

Constructing Renewables: 2023 Highlights and Lookahead

2023 has been another challenging year for the renewable energy sector, with the construction of renewable energy projects continuing to be impacted by macroeconomic issues including inflation, market disruption, and supply chain constraints. In this post, we look at the key contracting and procurement trends to emerge from 2023, as well as some notable developments … Read more

When “amicable settlement” clauses in FIDIC contracts fail

Construction contracts often provide for settlement discussions to occur before an arbitration is commenced. However, this type of ‘multi-tier’ dispute resolution clause can lead to disputes over whether or not the occurrence of settlement discussions is a compulsory requirement before arbitration can be validly commenced. The recent decision of the Singapore International Commercial Court (SICC) … Read more

General Assembly of the Dubai Court of Cassation has provided needed clarity regarding the validity of arbitration agreements

The General Assembly of the Dubai Court of Cassation has recently issued a judgment in its Decision No. 10 of 2023 (the “2023 Decision“), in which it considered the legal principles regarding the validity of arbitration agreements. The General Assembly has directed that the principle established by the Dubai Court of Cassation in Contestation No. … Read more

Limitation periods for claims under the Defective Premises Act 1972 – A review of URS v BDW and other ongoing fire/building safety-related claims

Overview It has been over a year since the Building Safety Act 2022 (“BSA“) overhauled the UK building safety regime. Among the many changes introduced by the BSA was the significant (and retrospective) extension to the limitation periods for bringing claims for defective work rendering a dwelling “unfit for habitation” under the Defective Premises Act … Read more