New SCCA Rules: strengthening the case for arbitration in the KSA

On 1 May 2023, the Saudi Centre for Commercial Arbitration (“SCCA“) announced the publication of its revised SCCA Arbitration Rules (the “new Rules“).  The new Rules apply to all arbitrations filed on or after 1 May 2023.  The new Rules replace the first edition of the Rules, which were published in 2016. In a recent … Read more

Price adjustment clauses: legal and commercial implications for construction contracts

Construction projects around the world continue to experience extreme levels of cost escalation due to a combination of factors such as the conflict in Ukraine, supply chain constraints affecting manufacture and transportation, pervasive labour shortages and unprecedented weather events. These factors have been further compounded by rising levels of construction activity as well as more … Read more

Herbert Smith Freehills promotes two construction and infrastructure disputes specialists to its global partnership

Herbert Smith Freehills has promoted nine Disputes lawyers to its partnership out of a total of 32 worldwide. The promotions in the Disputes practice, which took effect on 1 May 2023, span across the firm’s international network. Of these new partners, two are construction and infrastructure disputes specialists, reflecting the strength and importance of the … Read more

NEC X29 and the development of climate change clauses

A mindset shift There is near universal acceptance that the construction industry remains shockingly polluting. Figures vary but built assets are thought to contribute as much as 25% of the UK’s greenhouse gas emissions[1]. Globally, an estimated 40% of global carbon emissions[2] come from the building and operation of infrastructure with concrete alone being responsible … Read more

Legal Terms Explained: Assignment

What is assignment? An assignment is the transfer of an interest from one party (“assignor”) to another (“assignee”). Assignment allows the assignor to transfer the benefit of a contract to the assignee. For example, the tenant of recently built office premises may transfer the benefit of a collateral warranty originally granted in its favour to … Read more

Legal Terms Explained: Acceleration

What is acceleration? The term acceleration refers to action taken to speed up the progress of works so they will be completed earlier than planned or so that more work can be completed without extending the original completion date. Typically, the increased rate of progress will be achieved by the contractor using any combination of … Read more

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