London-based Construction & Infrastructure Disputes Partner David Nitek has been profiled as a thought leader in Who’s Who Legal’s latest Thought Leaders: Construction guide. The guide brings together the world’s foremost practitioners in the sector, giving access to their insight and expertise. Described as an ‘excellent disputes lawyer’ with a ‘keen mind for complicated technical … Read more
What are the key points to bear in mind when working with expert witnesses in construction arbitration proceedings? We are pleased to share the second episode in our Construction Arbitration podcast series, which discusses the engagement and use of experts and their roles in a construction arbitration. In this episode, we cover the types of … Read more
As readers will be aware, there has been a trend in recent years towards more collaborative methods of contracting in the construction and engineering industry. Alliance contracting is one method that has been gaining momentum. In this post, we will look at the way in which the NEC4 Alliance Contract (“ALC“) ensures collaboration through its … Read more
London-based Construction & Infrastructure Disputes Partners, James Doe and David Nitek, and Professional Support Lawyer, Noe Minamikata, have authored the chapter on ‘Construction Arbitration and Turnkey Projects’ in the third edition of Global Arbitration Review’s Guide to Construction Arbitration. The Guide to Construction Arbitration is an in-depth review of construction disputes internationally – from preparing … Read more
Seoul Head of Disputes, Mike McClure, recently spoke at the 2019 Annual Conference of the International Bar Association in Seoul during a session on the initiatives that Asian countries have launched in order to build, finance and operate infrastructure in the region and in other parts of the globe. In collaboration with Of Counsels, Dan … Read more
After over a decade of uncertainty, the High Court yesterday reined in the use of the quantum meruit remedy. A majority of the Court found that builders can no longer seek compensation on a quantum meruit basis in relation to works where the builder has accrued a right to payment under the contract. While builders can commence a claim … Read more
This is part 3 of our 3-part blog series focusing on contractor insolvency. In part 1, we discussed the key signs and implications of contractor insolvency followed by part 2, which discussed the legal, commercial and other practical considerations for mitigating the impact of contractor insolvency. This part 3 concludes by exploring an employer’s options … Read more
On 1 September 2019, the Malaysian Limitation (Amendment) Act 2018 (“Act“) came into force, introducing, for the first time, a statutory limitation period regime for latent damages claims[1] – currently only applicable to negligence actions that do not involve personal injuries.[2] With the new Section 6A, the limitation period for non-personal injury negligence claims is … Read more
In Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175, the High Court of Singapore upheld a plaintiff’s common law right to recover damages for the cost of remedying defects, as this right had not been expressly excluded in the contract. This decision is consistent with the English law position, which allows an … Read more
