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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
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
The Building Safety Act 2022 (BSA 2022) has introduced Remediation Orders that can be made against landlords and Remediation Contribution Orders that can be made against landlords, developers and their associated companies in relation to certain defects in residential buildings that are at least 11 metres (or five storeys) tall. Read more
In June 2022, the Ministry of Finance ("MOF") and the Ministry of Housing and Urban-Rural Development ("MOHURD") jointly released the Circular on Improving the Methods for the Settlement of Construction Price, which became effective on 1 August 2022. Read more
Laura Bowlt and Kate Bower discuss Stage 1 of the new Building and Construction Industry (Security of Payment) Act 2021 (SOPA) (WA), as well as providing some practical tips on ensuring your contracts are SOPA ready, and the importance of responding to payment claims on time. The first stage of SOPA brings in shorter payment … Read more
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
