21 December 2020
Concurrent expert evidence in a post-pandemic world
A necessary consequence of the Covid-19 pandemic is the greater use of virtual hearings for international construction arbitrations. Virtual hearings may well continue to feature prominently even in a post-pandemic world. Although there has been a proliferation of protocols on the conduct of...
23 October 2020
Contractor entitled to claim lost profits under Operation and Maintenance contract following Owner's breach of Design and Build Agreement
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...
31 August 2020
Opportunities for future-proofing construction contracts (Japan)
The ability to adapt to changing circumstances will be a defining feature for businesses in 2020 and the construction industry is no different. The construction industry has had to cope with liquidity stresses as well as non-availability of supplies and manpower. As businesses cope with the changes...
15 July 2020
UK Supreme Court clarifies availability of construction adjudication regime in insolvency
In what is likely to be one of this year’s landmark insolvency decisions, the Supreme Court in Bresco v Lonsdale has considered the interaction between insolvency set-off and adjudication, though the judgment is likely to have application to other dispute resolution processes including litigation...
14 April 2020
COVID-19: People: Client Health and Safety Duties in Respect of COVID-19 (UK)
This blog note provides an overview of the health and safety responsibilities of a client in respect of works being carried out pursuant to a building contract, during the implementation of UK government’s social distancing rules to address the COVID-19 pandemic.
08 April 2020
COVID-19: PRESSURE POINTS: Potential legal impact on the construction sector and international projects (Spain/Global)
Measures that have been widely adopted by governments around the world to address the COVID-19 pandemic have already and, will no doubt further, spill-over onto the construction sector.
28 February 2020
CONSTRUCTION JOINT VENTURES – A RECAP OF KEY ISSUES TO CONSIDER AND PRACTICAL TIPS
On 6 February 2020, Global Head of Contentious Construction and Infrastructure, Craig Shepherd, Head of Finance in Japan, Keith Gamble, and Dispute Resolution Associate, Victoria Green, delivered a seminar to members of the Overseas Construction Association of Japan on how to avoid joint venture...
20 November 2019
Who's Who Legal highlight Partner David Nitek in their latest thought leaders Guide
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.
11 August 2022
When notification and disclosure collide
A claim under a Directors and Officers liability policy for investigation, defence and settlement costs has ended with the New South Wales Supreme Court 1 allowing some claims but denying others. The decision is a reminder of the importance of robust internal insurance reporting processes, and of...
08 August 2022
The UPC Rules
On July 2022 the UPC Rules of Procedure (the Rules) were announced as approved with the amendments from the previous (18 th ) draft (from 2017) being published in tracked changes form . One of the most significant changes was to opt-out procedures, as well as changes to restrict access to pleadings...
05 August 2022
Australian regulator consults on new operational risk management prudential standard
The Australian Prudential Regulation Authority ( APRA ) has released its consultation on a new cross-industry prudential standard for operational risk management, CPS 230, which proposes to introduce a range of new requirements on APRA-regulated entities for managing operational risk and enhance...
04 August 2022
Another one bites the dust – managing risk in scheme transactions in Australia
A series of public M&A transactions in Australia have recently been called off or renegotiated in light of a changing market and worsening economic conditions, highlighting the need for target companies to carefully consider and protect against deal termination risk.
04 August 2022
Cartel Intel: Interview with Ashley Brickles, Senior Managing Director at FTI Consulting
As part of our quarterly Cartel Intel series, Herbert Smith Freehills' Brussels partner Daniel Vowden sat down with Ashley Brickles, (Senior Managing Director at FTI Consulting) to discuss the latest EMEA cartel developments
03 August 2022
Tax in M&A in the UK and Europe – What you need to know
The third edition of our comprehensive guide to tax in European transactions breaks down the key tactical issues for deal professionals and boards. From transfer taxes, to debt financing, to post-deal disposal issues – our experts chart the EMEA landscape