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

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

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

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

Tokyo Partner Craig Shepherd, together with Singapore Of Counsel Daniel Waldek and Associate Mitchell Dearness, have contributed to GAR’s ‘The Asia Pacific Arbitration Review 2022′ with a section on construction and infrastructure arbitration in Asia Pacific. The authors consider the potential impacts of Covid-19 disruption and the transition to green energy on construction disputes in … Read more

Herbert Smith Freehills has launched a new Malaysia blog, which you can find at https://hsfnotes.com/malaysia/ or via the “More blogs” link above.   “Malaysia Notes” is where you’ll find news on the latest legal developments in Malaysia.   You can subscribe to the blog by entering your e-mail address on the site in order to receive updates … Read more

The Building and Construction Industry (Security of Payment) Act 2021 (WA) (Act) passed both houses of WA Parliament on 25 May 2021 and received assent on 25 June 2021. The Act is the most significant reform to WA’s security of payment regime since the introduction of the Construction Contracts Act 2004 (WA) (CCA). It heralds … Read more

Design-related obligations are at the core of any construction contract. Naturally, therefore, they tend to be the cause of much contention during negotiations. In this article, we consider significant recent developments concerning design-related obligations and their impact on the procurement of construction projects. Read more