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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
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
One of the many changes introduced by the Building Safety Act 2022 (BSA 2022) relevant to those in the construction industry is the change to limitation periods for claims under the Defective Premises Act 1972 (DPA 1972) and the Building Act 1984 (BA 1984). These changes come into force on 28 June 2022. If you … 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
Herbert Smith Freehills is a supporter of the GAR Live Construction Disputes conference taking place in Paris on Thursday 23 September 2021.
Partner David Nitek will be speaking at the conference as part of the Belt & Road panel. Read more
In June this year, FIDIC published five standard construction contracts in Chinese. The aim is to foster greater awareness and understanding of FIDIC contracts in the PRC construction sector, for both outbound and domestic projects. The recent publication includes four 2017 editions and one 2008 edition of FIDIC standard forms: Read more
Construction and Infrastructure partners David Nitek and Nicholas Downing have once again authored an expert analysis chapter in the eighth edition of The International Comparative Legal Guide to: Construction & Engineering Law 2021 as contributing editors of the edition. Their chapter “Waking Watch: Fire and Building Safety After Grenfell” analyses the main English cases which … Read more
The past year has been a turbulent time for the global construction industry, with many construction projects around the world having been affected in some form or another by delays, disruption and cost overruns arising directly or indirectly from the Covid-19 pandemic. Whilst there have been indications of a recent uptick in the global construction … Read more
In the long-awaited decision of Triple Point Technology, Inc. v PTT Public Company Ltd [2021] UKSC 29, the Supreme Court has overturned the Court of Appeal’s “radical re-interpretation of the case law on liquidated damages clauses” and has restored the orthodox interpretation of liquidated damages (“LDs”) clauses in the event that a contract is terminated … Read more
