Construction International Trade

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Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or...more

UK Construction on the up whilst global property investment fall for the first time in 7 years

The UK’s construction industry surprisingly returned to growth in September buoying arguments that the UK economy has bounced back from the initial Brexit shockwaves. The Markit/ CIPS UK Construction Purchasing Managers’...more

Asia's infrastructure opportunity

Both Japan and China have significantly increased their commitment to invest in Asian infrastructure, but steps must be taken in a number of other areas to unleash the region's full potential....more

Dispute Adjudication Boards: Are they the future of dispute resolution?

Contractors who are working in international markets will almost certainly have encountered the Dispute Adjudication Board ("DAB") contained in each of the FIDIC Red, Yellow, Silver and Gold Books. However, they may be left...more

5 things to know about PPPs in Senegal

1. Public Private Partnerships are the “Main pillar of the Plan Senegal Emergent”. The Plan Senegal Emergent (PSE) is the country’s strategic plan for development and economic growth over the next decade. The PSE aims...more

JAMS Global Construction Solutions Newsletter, Summer 2016

Q&A with Linda Turteltaub, Skanska USA Building - Today, we are talking with Linda Turteltaub, Corporate Counsel, Skanska USA Building. Linda has worked in both construction and as a construction lawyer prior to joining...more

New Rebar Anti Dumping Investigation May Carry Major Implications for Canada’s Construction Industry

On August 19, 2016, the Canada Border Services Agency (“CBSA”) initiated an anti-dumping investigation into concrete reinforcing bar (also known as rebar) imported from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal and...more

Dentons/CHINCA MEA Project Reporter - Chinese contractors and Middle East and Africa projects markets

On a bi-monthly basis, we will present a shortlist of upcoming projects in the Middle East and Africa which may be of interest to Chinese contractors and investors looking to do business in the region. These are projects...more

Tenth Circuit Holds that the False Claims Act’s Materiality Requirement Has Teeth in Granting Summary Judgment to Government...

On April 22, 2016, in a decision issued before the Supreme Court’s Escobar opinion, the Tenth Circuit addressed the question of what a relator must show to meet the materiality requirement in an implied false...more

Saudi Arabia and the Gulf Cooperation Council: Infrastructure Delivery Including Under a Public Private Partnership Model: Top 10...

The sovereign funding gap caused by a low oil price environment, coupled with a global period of economic uncertainty, are two drivers leading governments and state owned enterprises (SOEs) throughout the Middle East and...more

Brexit: Construction issues for consideration

Summary – the key things you need to know - - The construction industry relies on a steady flow of investment to keep the cash flow wheels turning. Uncertainty about how the mechanics of a Brexit will work and the...more

Lump Sum Contracts: Not always certain?

"Lump sum fixed price" is a well-established method of construction contracting in the Middle East and many other regions of the world. Its selling point is price certainty. However, as two recent cases highlight, defining a...more

The Trans-Pacific Partnership Series - Navigating a new era of trade in the Pacific-Rim

The Trans-Pacific Partnership (TPP) presents enormous opportunity for members of the infrastructure and construction sector to grow and diversify, both domestically and globally. In this Part 2 of our two-part series on the...more

Panel Did Not Commit Manifest Disregard Of The Law When It Rejected Res Judicata Defense

A construction company appealed an order confirming an international arbitration award, which had denied the company’s demand for unpaid monies against an Antiguan medical school. The award also granted the medical school’s...more

The Road to Rio 2016: Zika, Super Bacteria, and Construction Delays. Sounds Like Everything is Going as Planned

Athletes began to arrive at the Olympic Village on Sunday in anticipation of the 2016 Summer Olympic Games in Rio de Janeiro which begin on August 5th. Perhaps the most closely watched event, however, has already begun;...more

Disclosing bribery conduct not an easy decision for US companies

While the US Securities and Exchange Commission’s (SEC's ) recent announcement of two non-prosecution agreements (NPAs) with Akamai Technologies, Inc. (Akamai) and Nortek, Inc. (Nortek) in matters involving books and records...more

Brexit: Construction & Engineering

It seems unlikely that the UK’s exit from the EU will result in significant legal or regulatory changes for clients investing or working on construction or infrastructure projects in the UK in the short term. The...more

Tokyo Dispute Resolution and Crisis Management Newsletter - June 2016

Dispute-Management - Best Practices in Construction Projects - Introduction - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project?...more

Energy Newsletter - June 2016

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization - Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today...more

Saudi’s Vision 2030 – Why Government Capacity Building Is So Important

Introduction - Considering the complexity involved in developing a national public-private partnership (PPP) program, it is generally accepted that governments do not typically have the internal skill sets required to...more

Akamai and Nortek – DOJ Touts Declinations Under FCPA Pilot Program

DOJ’s FCPA Unit knows what they are doing. In the immediate weeks after the release of the FCPA Pilot Program, DOJ publicly released two declination letters for Akamai Technologies and Nortek, Inc. and the SEC announced...more

Saudi’s Vision 2030 – The Challenge Of Implementation And Some Analysis On Institutional And Regulatory Public Private Partnership...

On 25 April 2016, Deputy Crown Prince Mohammed bin Salman announced Vision 2030, the Kingdom of Saudi Arabia’s vision for life without crude oil. It’s fair to say that the announcement has been positively received, both...more

Romanian Legal Update: New Package Of Laws On Public Procurement And Concessions Enters Into Force In Romania

Public procurement and concessions will be regulated by four new laws, namely (i) the public procurement law, (ii) the sectorial public procurement law, (iii) the concessions law and (iv) the law on remedies (the New Laws)....more

Design Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England

Originally published in Australian Construction Law Bulletin Volume 27 No 8 to 9 from page 126. 1. Introduction - Although Australian construction contracts quite commonly provide for design life warranties in...more

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