Author: Ale Simmons

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Take Care When Drafting Definitions of “Practical Completion”
2
Congratulations to our Doha Construction Team – “Property & Construction Team of the Year”
3
Collateral Warranties: A Reminder of Their Importance
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Presentation Available: Mega Project Management
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Court Places Assets in the Freezer
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In Site – Spring 2018 Edition
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Presentation Available: The Role of Insurance and Cost Reduction in EPC Contracts
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K&L Gates Presents at the 3rd Annual Global EPC Contract & Risk Management Conference
9
Webinar: Subcontractor Default Insurance: Best Practices for Claim Preparation and Coverage Strategy to Streamline the Claim Process
10
Third party funding of arbitration in Hong Kong is given the green light

Take Care When Drafting Definitions of “Practical Completion”

By Kevin Greene and Daniel R. Cartmell, K&L Gates, London

The December 2018 decision in University of Warwick v Balfour Beatty Group Ltd [2018] EWHC 3230 (TCC) provides valuable insight into how courts could interpret “Practical Completion” – a central concept in most construction contracts, but one that often lacks clarity and/or definitional precision.

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Congratulations to our Doha Construction Team – “Property & Construction Team of the Year”

K&L Gates is proud to annouce that our Doha-based Construction & Infrastructure team was recently named the “Property & Construction Team of the Year” by the Qatar Business Law Forum. Members of our Doha office are pictured below accepting the award, which was presented on 13 November 2018.

 

Collateral Warranties: A Reminder of Their Importance

By Kevin Greene and Daniel Cartmell

The judgment of O’Farrell J in Swansea Stadium Management Co. Ltd v Swansea City and County Council ([2018] EWHC 2192 (TCC)) provides guidance on collateral warranties and acts as a warning for any potential claimants to be mindful of any limitations of time in which to commence proceedings under them.

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Court Places Assets in the Freezer

By Sandra Steele and Michael O’Callaghan, K&L Gates, Sydney

The Supreme Court of Western Australia has recently made a freezing order in the matter of Trans Global Projects Pty Ltd (In Liquidation) (TGP) v Duro Felguera Australia Pty Ltd (Duro) [2018] WASC 136.

This decision sheds light on:

  • the factors that the Court will consider in granting a freezing order (i.e. an order whereby the assets of a company are “frozen” so that the company cannot dispose of or deal with those assets)
  • the circumstances in which a Court will issue a freezing order to enforce an arbitral award.

In short, the Court ordered that AUD20 million of Duro’s assets be frozen as Justice Tottle was persuaded that there was a danger that a prospective judgment based on an arbitral award against Duro would be wholly or partly unsatisfied because there was danger that the assets of Duro would be removed from Australia (or disposed of, dealt with or diminished in value). The Court made this determination notwithstanding Duro’s cross claims against TGP.

Read the full alert on K&L Gates HUB.

 

In Site – Spring 2018 Edition

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

Welcome to the Spring edition of “In Site”. This edition provides an update on the new 2017 FIDIC suite of contracts as well as brief case notes on recent interesting and important cases dealing with:

  • entitlement to an extension of time in circumstances of concurrent delay (in North Midland Building Ltd v Cyden Homes Ltd);
  • payment notices and pay less notices (in Grove Developments Ltd v S&T (UK) Ltd);
  • payment for pre-construction services (in Almacantar (Centre Point) Limited v Sir Robert McAlpine Limited);
  • limitation of liability (in Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Limited); and
  • termination provisions (in Interserve Construction Ltd v Hitachi Zosen Inova AG).

To view the full Spring 2018 Edition of In Site on K&L Gates HUB, click here.

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

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

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

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.

Please join us on September 19, 2017 from 10:00 a.m. to 11:00 a.m. for our Subcontractor Default Insurance Webinar which will provide the latest coverage developments and claims handling strategies to improve the outcomes for CM’s, GC’s, Owners and Lenders that are relying on the coverage provided by the SDI policy.

Who would benefit from this seminar? General Counsels, Risk Managers, CEO’s, CFO’s, COO’s and Project Management Professionals working for CM’s or GC’s that have purchased an SDI policy as well as lenders, owners and other professionals serving the construction industry.

Speakers:
Christopher Barbarisi, Partner, K&L Gates LLP (Newark)
Jim Bly, Managing Director, Alliant Construction Services Group
Rick Fultineer, Managing Director, Berkeley Research Group 
Frank Calvaruso, Director, Berkeley Research Group

Click here to RSVP.

CLE credit for this program is currently pending.

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

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.

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