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

HSF CONTRIBUTES TO GAR’S ‘THE ASIA PACIFIC ARBITRATION REVIEW 2022’

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

Owner’s termination of oral contract falls away in absence of a repudiatory breach

Significant construction projects often have contracts running to thousands of pages, yet still there is room for the parties to argue that other promises have been made orally, often in meetings on site. Important lessons concerning oral agreements can be learned from smaller construction projects where parties will sometimes agree all of the terms orally … Read more

English High Court holds that there should be no presumptions when construing clauses purporting to exclude or limit liability in the context of allegedly deliberate or repudiatory breach

Mott MacDonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) concerned an application for summary judgment by Mott MacDonald Ltd (“Mott”) on whether the fundamental, deliberate and wilful breaches of contract alleged by Trant Engineering Ltd (“Trant”) fell within scope of the clauses limiting and restricting Mott’s liability. Trant took the position that the counterclaim … Read more

Africa Construction Law Week – Presentations and recordings now available

HSF is proud to have supported the work of Africa Construction Law (ACL) by hosting and participating in the West Africa sub-regional session of the ACL’s inaugural virtual conference, Africa Construction Law Week. The virtual conference brought together experienced construction law professionals from across the continent (West, East, North, South, Francophone and Lusophone) to discuss … Read more