Category: Articles and Publications

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New US Federal Rules Focus More Attention on Electronic Evidence in Construction Disputes
2
More Than Just Buying Paperclips
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K&L Gates’ Arbitration World, Winter 2006/2007
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K&LNG’s Arbitration World, Summer 2006
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Form to Formation
6
The “Greening” of New York
7
K&LNG’s Arbitration World (U.S. Version), Winter 2005/2006
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K&LNG’s Arbitration World (U.K. Version), Winter 2005
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Be Aware of Construction Law Developments

New US Federal Rules Focus More Attention on Electronic Evidence in Construction Disputes

This article, by K&L Gates attorneys David R. Cohen and Kari M. Horner, appears in the April 2007 edition of Construction Law International, the magazine of the IBA International Construction Projects Committee. 

Important amendments to the US Federal Rules of Civil Procedure (the Rules) relating to electronic discovery in litigation became effective on 1 December 2006.  Every party involved in litigation in US federal courts should become familiar with these Rules.  This article provides an overview of the key provisions of the new Rules.

View the full article here.

This article was first published in the Construction Law International Vol 2 No 1, April 2007, and is reproduced by kind permission of the International Bar Association, London, UK.  © International Bar Association 2006.

More Than Just Buying Paperclips

This article, by K&L Gates London partner Christopher G. Causer, appears in the April 2007 edition of RICS Construction Journal.  It explains the "ins and outs" associated with PFIs and presents arguments for making the whole process easier, and more accessible, for all parties.

PFI has its detractors and it is sometimes difficult to draw out any clear principles from the mass of claims, counterclaims and innuendo appearing in the press – and even in academic journals.  But there is one undeniable fact:  as a procurement method, PFI is complex and requires a high level of intervention from external legal advisors.  It is hard to envisage a PFI project reaching contractual close without at least three sets of lawyers working on it.

So how has the nature of the lawyers’ work changed since PFI started in the early 1990s?  What changes are likely in the next few years, and are there any obvious ways in which the delivery of services can be improved?

View the full article herePosted with permission.

K&L Gates’ Arbitration World, Winter 2006/2007

By K&L Gates attorneys Ian Meredith, Michael D. Napoli, Martin J. King, Andrew H. Davies, Douglas J. Simmons, Ben Morgan, Clare Tanner, Brian R. Davidson, Kari M. Horner, Sarah A. Munro and Rachel G. Stephens.

Arbitration World highlights the significant developments and issues in international arbitration that matter to in-house counsel and company executives with responsibility for dispute resolution.

Welcome to the third edition of “Arbitration World” and the first edition, we are proud to say, following the combination of Kirkpatrick & Lockhart Nicholson Graham LLP with Preston Gates Ellis LLP, effective 1 January 2007, to form Kirkpatrick & Lockhart Preston Gates Ellis LLP – “K&L Gates.”

In light of this development, page 3 of this issue includes a short commentary on arbitration in Asia and a profile of the firm’s Asian offices which enable the firm to advise clients in arbitration in this increasingly strategic part of the world.

For those reading for the first time, “Arbitration World” aims to highlight significant developments and issues in international arbitration that matter to in-house counsel and company executives with responsibility for dispute resolution.

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K&LNG’s Arbitration World, Summer 2006

By Ian Meredith, Linda A. Kent, Peter R. Morton, Kelly D. Talcott, Matthew E. Smith, Clare Tanner, Sarah A. Munro.

Arbitration World, a publication of Kirkpatrick & Lockhart Nicholson Graham, highlights the significant developments and issues in international arbitration that matter to in-house counsel and company executives with responsibility for dispute resolution.

Welcome to the second edition of “Arbitration World,” a publication from Kirkpatrick & Lockhart Nicholson Graham LLP’s Arbitration Group.  “Arbitration World” aims to highlight significant developments and issues in international arbitration that matter to in-house counsel and company executives with responsibility for dispute resolution.

In this significantly expanded edition:

  • We look back at our International Arbitration Seminar held at Claridge’s, London in March this year and look forward to our forthcoming International Arbitration Webinar programme in the Autumn;
  • We examine some practical considerations in relation to arbitration clauses in insurance contracts, consider the issue of whether an arbitrator has authority to grant rescission of the contract as a remedy in arbitration and offer some thoughts on ways to deal with the tricky area of arbitration of multiparty disputes with particular reference to the construction sector;

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Form to Formation

This article by Preston Gates & Ellis Anchorage partner Paul L. Davis appears in the May 2006 edition of Alaska Business Monthly.  It discusses how the search for front-end efficiencies can derail construction project agreements:

In all but the smallest construction projects, written project agreements are a necessity and, depending on the complexity of the project and number of parties involved, can evolve from a few pages to many.  When anticipating construction projects, parties often spend more time visualizing the project itself, overlooking the time or money necessary to fully develop a new project agreement.  The result is the frequent use of standard form agreements that are modified, many times by the parties themselves, to fit the circumstances of the new project’s specifications.  While this may create efficiencies, project owners may find themselves more disadvantaged by the use of standard forms than contractors and designers.

View the full article here.

The “Greening” of New York

By Michael R. Gordon, Ruvym D. Gilman, Kathryn Plunkett and contribution by John R. Nolon, professor at the Pace University  School of Law and counsel to its Land Use Law Center.

This article appeared in the New York Law Journal on January 17, 2006.

Lawyers practicing in the design and construction fields cannot ignore emerging trends, and “green construction”— the use of environmentally conscious design, construction, and operation methods to create sustainable commercial and residential buildings—is an emerging trend.  For New York construction lawyers, it is an important trend because New York is leading the nation in green construction.  The number of green buildings and green construction projects underway in New York is steadily increasing.  Completed green buildings in New York City include the Solaire residential buildings in Battery Park City and Four Times Square.  Still to be completed are the Hearst Magazine Building and the Bank of America Tower near Bryant Park, to name a few.

Why the focus?  There are a number of reasons, including a concern for energy efficiency and a growing environmental consciousness, but the most notable cause is no doubt the adoption of mandatory green construction laws and guidelines and the creation of financial incentives on municipal, state and federal levels. . . . 

Read the full article here.

K&LNG’s Arbitration World (U.S. Version), Winter 2005/2006

By Thomas E. Birsic, Ian Meredith, Linda A. Kent, Peter R. Morton, Kelly D. Talcott, Matthew E. Smith and Clare Tanner.

Arbitration World highlights the significant developments and issues in international arbitration that matter to in-house counsel and company executives with responsibility for dispute resolution.

Welcome to the first edition of “Arbitration World,” a publication from Kirkpatrick & Lockhart Nicholson Graham LLP’s Arbitration Group.  “Arbitration World” aims to highlight significant developments and issues in international arbitration that matter to in-house counsel and company executives with responsibility for dispute resolution.

In this issue we will be covering some recent decisions of the European Court of Justice which serve to highlight the benefits of agreements to arbitrate, and some English case law developments including a House of Lords decision re-affirming the English court’s noninterventionist approach to arbitration.

We look at the growing importance of Bilateral Investment Treaties (BITs) and how they might be used not only in claims by investors against governments of developing nations, but also in claims against Western States.

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K&LNG’s Arbitration World (U.K. Version), Winter 2005

By Ian Meredith, Linda A. Kent, Peter R. Morton, Kelly D. Talcott, Matthew E. Smith and Clare Tanner.

Arbitration World highlights the significant developments and issues in international arbitration that matter to in-house counsel and company executives with responsibility for dispute resolution.

Welcome to the first edition of “Arbitration World,” a publication from Kirkpatrick & Lockhart Nicholson Graham LLP’s Arbitration Group.  “Arbitration World” aims to highlight significant developments and issues in international arbitration that matter to in-house counsel and company executives with responsibility for dispute resolution.

In this issue we will be covering some recent decisions of the European Court of Justice which serve to highlight the benefits of agreements to arbitrate, and some English case law developments including a House of Lords decision re-affirming the English court’s noninterventionist approach to arbitration.

We look at the growing importance of Bilateral Investment Treaties (BITs) and how they might be used not only in claims by investors against governments of developing nations, but also in claims against Western States.

Read More

Be Aware of Construction Law Developments

The building boom could hit many parties in the head.

By K&LNG attorneys Michael R. Gordon and Daniel J. Doron

New York Law Journal:  Trends in Real Estate and Title Insurance
April 11, 2005

We are in the midst of one of the great construction booms in recent history.  There are over 75 high-rise buildings under construction in New York City, with dozens of others being renovated or reconstructed.  The Freedom Tower, the Hearst Magazine Building, the Atlantic Yards Project in Brooklyn, and 505 Fifth Avenue are all underway.  An overhaul of the Hudson Rail Yards on the Lower West Side is imminent, as the New York Sports and Convention Center or as another major redevelopment project.  In such an environment, buyers and sellers of construction services must be mindful of recent developments in construction law.  This article highlights a few of those developments.

View the full article here.
Posted with permission.

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