We were delighted to host an event in our London office on 18 May 2023, as part of London International Disputes Week, in partnership with 4 Pump Court and Kroll, focusing on “Strategies for success in navigating delay and quantum issues in international construction arbitration in a changing world”. For those unable to join us, a recording of the event is available here.
By: Camilla de Moraes, James Jago, and Samuel Gordon
In Breakshore Ltd v Red Key Concepts [2022] 5 WLUK 677 (Breakshore), K&L Gates successfully acted for the Claimant in resisting a Part 8 claim challenging the decision of an adjudicator and thereby enforcing the decision by way of summary judgment. The decision of the TCC reaffirms that the use of Part 8 to resist enforcement of an Adjudicator’s decision will only be appropriate in a very limited set of circumstances and that it must not be used to obtain a tactical advantage.
Read MoreBy: Pawel Piotrowski, Elias Matni, and Wafaa Dauleh
A series of provisions under the Executive Bylaws of the Law on the Organization of Tenders and Auctions No.16 (2019) have been amended by the Council of Ministers Resolution No.11 of 2022 (the 2022 Resolution). According to the Ministry of Finance officials, the changes made aim to strengthen and support the economic activities that fall outside the scope of the oil industry as there is a growing trend towards enhancing the role of the private sector in implementing a variety of development projects. The key points under these amendments pertain to the enhancement of procurement processes; the incorporation of in-country value (ICV); and support dedicated to micro and small-medium enterprises (SMEs). This short article shall address these main changes in turn, with specific reference to the relevant articles under the 2022 Resolution.
Read MoreJustin Leonelli, an associate in K&L Gates’ Construction & Infrastructure practice group, has been named Regional Director for the Delaware Valley Region for the Society for Construction Law North America.
Click here to read full announcement.
By: Justin Leonelli and Rich Paciaroni
Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013.
Read MoreBy: Kevin Greene and Ruth Chang
Advance JV (A Joint Venture between (1) Balfour Beatty Group Limited; and (2) MWH Treatment Limited); and Enisca Limited [2022] EWHC 1152 (TCC)
The parties in this case carried out works pursuant to an amended form of NEC3 Engineering and Construction Contract (Option A). The works consisted of the supply and installation of LV electrical equipment for design and construction of a new water treatment works and hydro-electric power generation facility in Cumbria.
Read MoreBy: Ben Holland and Ruth Chang
Heat network customers have reported price increases of up to 700% since late 2021.
Heat networks are not currently regulated, and most customers are not covered by the energy price cap (i.e. the Ofgem price-cap does not apply).
Read MoreBy Kevin Greene and Ruth Chang
Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823
The Court of Appeal in this case considered when a collateral warranty will be regarded as a “construction contract” under the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act).
Read MoreBy Kevin Greene and Ruth Chang
The Building Safety Bill received Royal Assent on 28 April 2022, and has now completed all the parliamentary stages in both Houses to become an Act of Parliament – i.e. the Building Safety Act 2022 (the Act).
Read MoreFor the 2021 survey for the annual U.S. ranking of The Top 50 Construction Law Firms™, Construction Executive’s editorial team reached out to dozens of attorneys at the nation’s best construction law firms to learn how the legal landscape is changing, as well as how legal teams are aiding clients with sharpening contract language and pivoting in response to challenges in the wake of the COVID-19 pandemic.
To see the full list, CLICK HERE.
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