Warranted Trends in Design Standards

Design-related obligations are at the core of any construction contract. Naturally, therefore, they tend to be the cause of much contention during negotiations. In this article, we consider significant recent developments concerning design-related obligations and their impact on the procurement of construction projects. Read more

The Professional Indemnity Insurance Crisis: Not Just a Supply Chain Issue

In March 2021, the Construction Leadership Council published its findings of a recent pan-industry survey of over 1,000 firms, which confirmed a widespread problem experienced by many construction and architecture firms in obtaining professional indemnity insurance (“PII”) cover.[1] The survey found that companies were being prevented from taking on projects, and even having to change … 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

Case Digest: TCC adjourns application for strike out/summary judgment in relation to combustible cladding class action leaving (among other things) the calculation of diminution in value for consideration at trial

Elaine Naylor & Others v Roamquest Limited and Galliard Construction Limited [2021] EWHC 567 (TCC) concerned a class action brought by leaseholders of a mixed residential and commercial development against the developer/freeholder and contractor. In these proceedings, the Defendants applied to strike out (or for summary judgment to be granted in relation to) the Claimants’ claim … Read more

Herbert Smith Freehills to participate in London International Disputes Week

London International Disputes Week 2021 (LIDW21) comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. With its theme: “Looking forward: change, challenge and opportunity”, LIDW21 will provide crucial insights on the business and law of international dispute resolution. The programme draws … Read more

Construction Regulatory Regime – Indonesia

In recent years, Indonesian construction law has gone through many changes and most recently, it has been impacted by the enactment of Omnibus Law which is one of the most significant regulatory reforms since Indonesia’s independence. In this article, we give a short description of the regulatory regime as it now applies to the construction … Read more

Africa Construction Law Week: West Africa Sub-Regional Session

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