Construction International Trade

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Impact of Brexit on UK Infrastructure

It’s been almost eight months since the EU referendum in the UK resulted in the Government’s decision to trigger Article 50 of the Treaty of the European Union commencing formalities to exit the EU. In a short space of time,...more

The Second Edition of the SCL Delay and Disruption Protocol

The Society of Construction Law ('SCL') has just published the Second Edition of its Delay and Disruption Protocol. Background - The SCL Delay and Disruption Protocol was first published in 2002. Its stated...more

What to do if you suspect your EB-5 project is in trouble

Managers and Investors in EB-5 Investment Funds should regularly monitor their investments in EB-5 Projects and be ready to take protective actions if their EB-5 Projects show signs of trouble. It is vitally important...more

Fraud and Performance Securities

Performance securities are an everyday feature of construction and engineering projects. It is increasingly common to see calls on performance securities challenged on the basis of "fraud". Two recent cases from the English...more

"Buy American, Hire American"—From Rhetoric to Regulation

“We will follow two simple rules: buy American and hire American.” While world leaders are pondering what these words from President Trump’s Inaugural Address mean for international trade, a different question looms for U.S....more

How Construction May Be Affected by President Trump’s Executive Orders on Immigration

With all the talk about billions of dollars of investment in infrastructure and sweeping reversal of prior executive orders affecting construction labor and federal contracts, it should come as no surprise that President...more

Effective January 22, 2017: NEW I-9 Forms

Employers are required to prepare and retain I-9 Forms for employees. The purpose – to verify an employee’s identity and authorization to work in the United States. The New I-9 Forms should make them easier to complete and...more

Romanian Legal Update - Amendments to the urbanism and construction legislation

New rules have been enacted in order to amend Law No. 350/2001 on urbanism and territorial planning (the Urbanism Law) and Law No. 50/1991 regarding the authorisation of the execution of construction works (the Construction...more

The Risks of Suspension under Construction Contracts

Two recent cases from Australia and Hong Kong highlight the serious dangers of a wrongful suspension of works under a construction contract. Wrongful suspension may ultimately lead to the termination of a contract, and...more

Annulment of International Arbitral Award: the French Conseil d’Etat Makes First Foray into the Fiefdom of the Civil Cassation...

On 9 November 2016 and for the first time, the French State Council (Conseil d’Etat) set aside an international arbitral award. The award related to a public contract performed in France. The award was partially set aside on...more

Tax break for infrastructure projects

To implement the G20/OECD base erosion and profit shifting project, the 2016 Budget announced measures limiting tax deductions that companies can claim from their interest expenses (read DLA Piper's earlier client alert on...more

Brexit round-up (construction focus)

It's been five months since the UK voted to leave the EU. Whichever way you look at the vote's after-effects, whether in economic, political, legal or constitutional terms, we are entrenched in a period of uncertainty – a...more

Tokyo Dispute Resolution & Crisis Management Newsletter – November 2016

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

Modern slavery - an update and reminder about annual slavery and human trafficking statements

You might have missed "#AntiSlaveryDay" on 18 October but its very existence and the number of social media posts it generated are positive signs of the growing awareness of modern slavery as a global issue. Here in the UK,...more

Procurement update for UK construction companies

Mark Bassett highlights the latest procurement news for construction businesses from the last few months. - Concession Contracts threshold: the Cabinet Office and the Crown Commercial Service have published Procurement...more

Overpayments in Construction Projects: Getting Repaid (Or Not)

Construction and engineering contracts usually contemplate interim payments being made "on account", meaning that any overpayments or underpayments can be redressed in later payment claims, or in the final account. However,...more

Significant Increases to EB-5 Program Filing Fees Effective on December 23, 2016

The Department of Homeland Security (DHS) has increased fees by an average of 21 percent for certain U.S. Citizenship and Immigration Services (USCIS) applications, including the U.S. Immigrant Investor Program (EB-5)....more

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

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