Building Safety Act 2022 – Three Construction Gateways

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

Sanctions and Material Adverse Change Provisions

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

International Guide to Construction and Engineering Law 2021

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

Triple Point: All The Points You Need To Know

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

Launch of our New Malaysia Notes Blog

Herbert Smith Freehills has launched a new Malaysia blog, which you can find at 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