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

On 14 December 2021, Herbert Smith Freehills jointly hosted ‘Dispute Boards – The Asian Perspective’ with 39 Essex Chambers and HKA. The panel discussion considered the use of dispute resolution boards (DABs), covering their benefits, practical issues, and whether there are better alternative methods of dispute resolution available. Read more

English court restrains expert from acting in arbitration due to breach of fiduciary duty of loyalty – A Company v X, Y and Z [2020] EWHC 809 (TCC).   Summary Earlier this month, the English High Court extended an interim injunction restraining a global expert consultancy firm from acting as independent experts in separate, although … Read more

Every so often (and usually just prior to an election) someone floats the idea of building high-speed rail in Australia. Maybe it’s connecting Melbourne to Brisbane, or perhaps linking major regional centres to capital cities. With three business cases currently being developed by the Commonwealth Government we examine the most likely routes to establishing some … Read more

The recent decision in the Court of Appeal case of Triple Point Technology, Inc. v PTT Public Company Ltd [2019] EWCA Civ 230 challenges certain assumptions typically made in relation to liquidated damages clauses, and is of considerable relevance to the construction industry. The decision related to the interpretation of a liquidated damages clause for … Read more

Over the last 12 months, there have been a number of notable cases with significant implications for construction law and practice. As well as several adjudication cases, such as the widely discussed Grove Developments, which untangled the conflicting authorities around true value adjudications, there were a number of cases that considered fundamental issues of contract … Read more