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COVID-19: UK Public Sector Construction – Cabinet Office Publishes FAQs Regarding PPN02/20

Apr 06 2020

Authors: Matthew E. Smith, Inga K. Hall, Kiran Giblin

Further to our recent blog post “COVID-19: UK Public Sector Construction – cash flow relief for suppliers” on 31 March 2020, in which we set out guidance on the Government’s Procurement Policy Note – Supplier relief due to COVID-19 PPN 02/20 (PPN02/20), the Cabinet Office has published a FAQs note providing further clarity and guidance regarding implementation of PPN02/20 in practice.

COVID-19: UK Coronavirus Act 2020 – Implications for the Construction Industry

Mar 31 2020

Authors: Inga K. Hall, Saya Lee

The 359-page emergency Coronavirus Bill received royal assent on 25 March 2020. This newly passed Coronavirus Act 2020 (the Act) contains extensive powers and additional measures to equip the UK government and other authorities to better respond to the COVID-19 outbreak in the UK. The new Act is time-limited to two years by a sunset clause (Section 89) and will be subject to six-month parliamentary reviews (Section 98)

COVID-19: UK Public Sector Construction – Cash Flow Relief for Suppliers

Mar 31 2020

Authors: Daniel T. Lopez de Arroyabe, Inga K. Hall, Kevin Greene

The impact of COVID-19 on the construction industry has been the subject of much debate this week, as discussed in our blog article “COVID-19 Construction Industry – Operating in a Pandemic”, with businesses split over whether or not to shut down operations in order to protect the health and safety of those working on construction sites. The division has been exacerbated by the lack of a clear Government directive either way, meaning that it has – for the time being at least – been left in the hands of individual companies to decide whether or not to stop work.

‘Fitness for Purpose’ and Conflicting Obligations in Offshore Wind Projects

Mar 29 2020

Authors: Charles Lockwood and Owen Chio

Two recent cases in the UK illustrate the tricky issues Employers and Contractors have to grapple with in defining the responsibilities of contractors involved in the construction of offshore wind projects.

COVID-19: Coronavirus Concerns Prompt Two-Week Halt to All Construction in Boston

Mar 19 2020

Authors: Steven P. Wright, John L. Gavin

Another industry felt the impact of coronavirus (COVID-19) on Monday, 16 March, when, amid growing concerns over the spread of COVID-19, Boston Mayor Martin J. Walsh announced a two-week halt to all construction projects in the City of Boston. Boston’s construction ban went into effect on Tuesday, 17 March, and will last at least two weeks. Although the implementation of COVID-19 prevention measures has increased across the nation in recent days, Boston’s construction ban is the first of its kind in the United States. This alert discusses the impacts of the construction ban, as well as the broader implications of the ban in Boston and for the rest of the nation.

To read the full alert, please click here.

For more information and resources on COVID-19, please click here.

K&L GATES Honored With Multiple Qatar Business Forum Awards

Nov 20 2019

The K&L Gates Qatar-based Construction & Infrastructure team received two awards during the recent 2019 Qatar Business Law Forum Awards, retaining the “Property and Construction Firm of the Year” title for a second consecutive year, as well as earning a new recognition for “Alternative Dispute Resolution Firm of the Year.”

Infrastructure Disputes: What the Future Holds For Us

Sep 18 2019

On 12 September 2019, Matthew Smith and Nita Mistry spoke on a panel at CIArb’s Infrastructure Disputes Conference.

Among the topics covered, Matthew discussed the challenges and opportunities relating to infrastructure mega project management, and Nita concentrated her remarks on arbitration proceedings arising out of mega projects.

Please click here for full coverage of their panel.

K&L Gates Named a “Go-To Construction Law Firm”

Sep 06 2019

K&L Gates is pleased to have been named the “Best Firm to Handle the Construction Project of the Future” by Above the Law.

“The construction industry has been around for centuries, but that doesn’t mean it hasn’t adapted to the changing times. The Construction and Infrastructure Group at K&L Gates draws from vast past experience to focus on ensuring that construction projects are sustainable for the next generation. The firm’s lawyers specialize in niche areas like integrating technology and IP into construction projects and incorporating clean energy and green initiatives. When you’re planning a construction project for a better tomorrow, K&L Gates is thinking ahead.”

For the full article, please click here.

An Overview of Pennsylvania’s New Arbitration Law

Aug 15 2019

By: Richard F. Paciaroni and Justin N. Leonelli

Effective 1 July 2019, Pennsylvania has joined 20 other states in adopting the Revised Uniform Arbitration Act (RUAA) as the most current law governing agreements to arbitrate in Pennsylvania. The RUAA was originally promulgated by the Uniform Law Commission in 2000, which replaced the original Uniform Arbitration Act (UAA) enacted by the Commission in 1956. Recognizing the need to replace an outdated UAA, Pennsylvania adopted the RUAA as a more thorough and robust arbitration law to meet the needs of modern disputes. Now, the RUAA provides specific guidance on various aspects of arbitration, including but not limited to the initiation of arbitration proceedings, impartiality of arbitrators, arbitrator immunity, discovery proceedings, and sanctions.

What’s in a Name? Recent Case Determines Using a Trading Name Does Not Invalidate a Notice of Adjudication

Jul 29 2019

By Nita Mistry and Victoire Courtenay

Recently, in the case of MG Scaffolding (Oxford) Ltd v Palmloch Ltd [2019] EWHC 1787 (TCC), the Technology and Construction Court (TCC) held that the adjudicator did not lack jurisdiction and the notice of adjudication was valid, in circumstances where the adjudication was commenced and pursued against the responding party’s trading name.

The adjudication was commenced by MG Scaffolding (Oxford) Limited (MGS) against “MCR Property Group” (MCRPG). This was in fact a trading name for the correct contractual counterparty called Palmloch Ltd (Palmloch).

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