admin – Page 6 – Construction Law

A New (Sort of) Class Action in Protection of European Consumers

Apr 25 2018

By: Ignasi Guardans

The European Commission (Commission) presented this initiative in the context of a proposed revision of the EU framework on consumer protection. The “Package” (as the name goes when several independent legal texts are intended to be negotiated together) called “New Deal for Consumers,” builds on the Commission review of consumer law rules that was conducted as part of the so called Regulatory Fitness and Performance Program (REFIT). This is a policy program intended to keep EU law simple, removing unnecessary burdens and adapting existing legislation without compromising on policy objectives.

In Site – Spring 2018 Edition

Apr 05 2018

By Kevin Greene, Inga K. Hall, Nicola J. Ellis, Camilla de Moraes, and Sarah A. Drinkwater

Sub-clause 20.1 of the FIDIC Under Polish Law – Is It an Enforceable Time Bar?

Mar 16 2018

By: Dominika Jędrzejczyk

Whether the lapse of the 28-day notification period under sub-clause 20.1 of the International Federation of Consulting Engineers (FIDIC) Red and Yellow Books renders the contractor’s claim time-barred has been a point of interest for courts in civil law jurisdictions for years. Polish courts have also not shied away from commenting upon the legal nature of sub-clause 20.1. The legal landscape seemed relatively settled in this regard until March 2017, when the Supreme Court took an unequivocally pro-employer perspective on the matter.

Preparing for the Changes in the New AIA 2017 Forms

Nov 06 2017

By: Justin L. Weisberg

After a decade, the AIA released new design and construction contract forms in April 2017. Some of the more notable changes to the AIA construction contract documents are summarized below.

Presentation Available: The Role of Insurance and Cost Reduction in EPC Contracts

Oct 16 2017

London partner, Matthew E. Smith spoke on the role of insurance and cost reduction in EPC contracts at the recent Global EPC Contract & Risk Management Conference on October 12-13, 2017 in London.

To view a copy of Matthew’s presentation titled “The Role of Insurance and Cost Reduction in EPC Contracts,” please click here.

K&L Gates Presents at the 3rd Annual Global EPC Contract & Risk Management Conference

Oct 02 2017

Please Join Us at the Conference and use our Sponsor Discount Code for 20% Savings

We will be sponsoring and presenting at this year’s Global EPC Contract & Risk Management Conference on October 12-13, 2017 at the Millennium Gloucester Hotel in London. We have negotiated a special discount for our clients and contacts on the conference fee.

London partner, Matthew E. Smith will be speaking on the role of insurance and cost reduction in EPC contracts and also moderating the panel on Understanding Contract Compliance with Procurement Strategies and Policies.

Seattle partner, David P. Hattery will be speaking at the panel on Ensuring Subcontractor Buy-In When Preparing and Entering Contracts.

Click here to access the conference brochure. When registering, please enter VIP code: EPC2017

Webinar: Subcontractor Default Insurance: Best Practices for Claim Preparation and Coverage Strategy to Streamline the Claim Process

Sep 11 2017

The number one cause of subcontractor default is overextension of financial and operational resources. As the economy grows, subcontractor defaults are on the rise. While SDI provides improved coverage terms with claim payment provisions that are intended to streamline the process, many insured’s have experienced difficulties working through the SDI claim process that includes extensive RFI’s, cost allocation documentation and coverage interpretations that can materially impact the outcome.

Third party funding of arbitration in Hong Kong is given the green light

Aug 01 2017

By Christopher Tung, Sacha Cheong and Dominic Lau, K&L Gates, Hong Kong

On 14 June 2017, the Legislative Council of Hong Kong passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016.

The Bill comes on the heels of the consultation paper issued in October 2015 by the Law Reform Commission’s Third Party Funding for Arbitration Sub-committee and closely follows the recommendations made by the Law Reform Commission in its Report dated 12 October 2016 to clarify the law concerning third party funding of arbitration and associated proceedings under the Arbitration Ordinance. (For more information about the report and the LRC’s recommendations, see our article in the May 2017 issue of Arbitration World.

Please Join Us: NEC4 – The Next Generation

Jun 29 2017

NEC4, the next generation of the NEC suite of contracts, was released on 22 June 2017. It includes significant developments and reflects current best practice throughout the construction industry.

Return of Arbitration to Road Construction Disputes in Poland

Jun 19 2017

By: Łukasz Gembiś

In February 2017, the Ministry of Infrastructure and Construction announced the introduction of the “New standards in road construction” aimed primarily at regulating the balanced division of risks in roads construction contracts. Among many changes that have been made to the new model of public procurement contracts in road construction, special attention should be paid to returning – after many years of absence – arbitration as the preferred method of settling disputes between public investors and general contractors in Poland.

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