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Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Fourth Declination With Disgorgement Announced Under FCPA Pilot Program

by Shearman & Sterling LLP on

On June 30, 2017, the Department of Justice (“DOJ”) announced that it had declined to bring charges against and was closing its investigation into CDM Smith Inc. (“CDM”), a Boston-based engineering and construction group, for...more

Projects Disputes in Australia: Recent Cases

by Jones Day on

Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

Qatar crisis highlights question of force majeure

by Dentons on

Imports of construction materials needed for the State of Qatar to deliver its World Cup and Vision 2030 infrastructure schemes are being severely impacted by the recent closing of borders by key neighbours Saudi Arabia and...more

Top Ten International Anti-Corruption Developments for April 2017

by Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

NEC4 on the horizon - finally!

by Hogan Lovells on

The brand NEC4 Suite of Contracts will be made available at the NEC Users' Group Annual Seminar on 22 June 2017. This is a long-awaited update and development to the 12-year old NEC3 suite of contracts that are extensively...more

Compensation events under NEC3: Prospective vs Retrospective Assessment

by White & Case LLP on

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is...more

Tokyo Dispute Resolution & Crisis Management Newsletter – April 2017

by King & Spalding on

Building a Favorable Project Record During Construction Disputes - The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are...more

Negotiating Construction Agreements with Japanese Contractors for Domestic Projects

A foreign owner contracting with a Japanese construction company to build facilities in Japan, whether a hotel, a manufacturing facility, a process plant or otherwise, faces a number of challenges....more

NEC4 suite of standard form contracts to be released in June

by White & Case LLP on

On 22 June 2017, the NEC4 suite of standard form contracts will be officially launched at the NEC Users' Group's Annual Seminar. This new suite will replace the popular NEC3 suite, which was first published back in 2005....more

The new FIDIC White Book for Consultancy Services

by White & Case LLP on

FIDIC has recently published the 5th Edition of its Client/Consultant Model Services Agreement (the White Book). The White Book is an important part of the FIDIC suite and is one of the most widely used forms of professional...more

Termination for convenience: What is the contractor entitled to?

by White & Case LLP on

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

3 Things Contractors Should Do Now to Ensure “Buy American” Compliance in the Wake of Trump’s Executive Order

by Carlton Fields on

"Buy American, Hire American" is no longer just a campaign slogan. It is the subject of an Executive Order signed by President Trump on April 19. The order details the Trump administration’s policy of ensuring compliance with...more

The Second Edition of the SCL Delay and Disruption Protocol

by White & Case LLP on

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

by White & Case LLP on

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

The Risks of Suspension under Construction Contracts

by White & Case LLP on

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

Brexit round-up (construction focus)

by Dentons on

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

by King & Spalding on

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

by Dentons on

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

Overpayments in Construction Projects: Getting Repaid (Or Not)

by White & Case LLP on

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

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

by Dentons on

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

by King & Spalding on

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

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

by White & Case LLP on

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

by Dentons on

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

by JAMS on

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

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