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

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

Getting paid: A New Bill to streamline Construction Disputes in Thailand

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

GAR Live – Construction Disputes Conference

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

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

Hot Topics in Construction Arbitration

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

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