Construction Law Masters Podcast: Asia Series – Goh Han Lee, General Counsel, Legal Engineering & Project Delivery, PETRONAS

22 December, 2020
We are pleased to share the latest episode in our Construction Law Masters in Asia podcast series in which we welcome distinguished guests from the construction industry across Asia to discuss their unique experiences and views of various aspects of construction law and practice. In this episode series, Peter Godwin (Managing Partner, Kuala Lumpur) interviews … Read more

Clarification of NSW building limitation periods: NSW Court of Appeal decision

08 December, 2020
By Michael Lake, Katherine Mackellar and Samuel Hamilton Lindsay. In November 2020, the New South Wales Court of Appeal published its reasons in Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd.1 The Court affirmed that the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) provides a long-stop limitation period of 10 years for … Read more

Construction Law Masters in Asia: Anselmo Reyes, International Judge

03 December, 2020
We are pleased to announce the release of the first episode in our Construction Law Masters in Asia podcast series. The series will welcome distinguished guests from the construction industry from across Asia to discuss their unique experiences and views of various aspects of construction law and practice. The first episode features Anselmo Reyes, former … Read more

Construction Contracts and the Corporate Insolvency and Governance Act 2020

19 November, 2020
In our first two blogs on the Corporate Insolvency and Governance Act 2020 (CIGA), we looked at how: CIGA impacts construction and engineering contracts generally; and to what extent it may affect step-in and automatic termination rights. As the first blog outlined, CIGA materially restricts a contractor or sub-contractor’s options in situations where the recipient … Read more

Contractor entitled to claim lost profits under Operation and Maintenance contract following Owner’s breach of Design and Build Agreement

06 November, 2020
Infrastructure projects often involve a complex suite of documents which are negotiated together but each constitutes a separate binding agreement. By way of example, a project developer and a host government may sign a land lease, a construction contract and long term operating agreement. The UK’s Privy Council, which is the highest court of appeal for several … Read more

CIGA and Construction Contracts

05 November, 2020
I started my legal career in the wake of Sir Michael Latham’s seminal report ‘Constructing the Team’ and the enactment of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA).  So when I read section 14 of the newly enacted Corporate Insolvency and Governance Act 2020 (CIGA), which adds section 233B Protection of Supplies of … Read more

Force majeure considerations in the “second wave” of Covid-19

29 October, 2020
When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were contemplating an easing of Covid-19 lockdown restrictions following a downturn in cases, and a second wave was discussed as a possibility. In the six months since, we have seen … Read more