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

3 Things Contractors Should Do Now to Ensure Compliance with Trump’s “Buy American, Hire American” 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

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

by Dickinson Wright on

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

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

by Ropes & Gray LLP on

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

Brexit: Construction issues for consideration

by Dentons on

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?

by White & Case LLP on

"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 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

Tokyo Dispute Resolution and Crisis Management Newsletter - June 2016

by King & Spalding on

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

by King & Spalding on

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

Akamai and Nortek – DOJ Touts Declinations Under FCPA Pilot Program

by Michael Volkov on

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

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

by K&L Gates LLP on

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

Global Construction and Corruption

by Michael Volkov on

With increasing focus on infrastructure projects and greater public demand for improvements, governments are preparing to ramp up construction projects. Part of the budgeting process has to acknowledge the cost of corruption....more

Turkey: Amendments to PPP legislation on way

by Latham & Watkins LLP on

The Republic of Turkey has been undergoing a largescale reform in the healthcare sector in the past decade, spearheaded by the Ministry of Health under its Health Transformation Program which was launched in 2003. The EUR 20...more

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