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International Trade Construction

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

Judicial acceptance of the SCL Delay and Disruption Protocol 2nd Edition

by White & Case LLP on

The recent Australian case of Santos Ltd v Fluor Australia Pty Ltd [2017] QSC 153 gives credence to the Society of Construction Law Delay & Disruption Protocol 2nd ed in determining the sufficiency of the plaintiff’s pleaded...more

Saudi Council of Ministers Approves 100% Foreign Ownership of Engineering Consultancies

by Jones Day on

Currently, Saudi Arabian law permits foreign direct investment in engineering consultancies operating in the private sector only through a professional company licensed by the Ministry of Commerce and Industry ("MOCI")....more

UK Supreme Court upholds fitness for purpose warranty

by White & Case LLP on

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...more

Republic of Guinea Passes Public–Private Partnership Law to Lure Investors

by Jones Day on

Guinea's Urgent Need for Critical Infrastructures - Guinea is a geological goldmine, quite literally, when one considers the high concentration of natural resources in its soil (including diamonds, gold, iron, bauxite,...more

International Arbitration Considerations

by Pepper Hamilton LLP on

Over the past decade, the growing number of mergers and acquisitions of engineering and construction (E&C) firms has consolidated the construction industry, creating an increasingly global market with more multinational...more

U.S. Exports of Whiskey, Juice, and Dairy Products to Europe Targeted for Retaliation against President Trump’s Plans to Limit...

by Hogan Lovells on

U.S. trading partners have begun to signal their plans to consider retaliatory measures in response to President Trump’s Section 232 Investigations on steel imports. In particular, European Union (EU) officials recently...more

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

Real Estate Investment in Africa: Is the Honeymoon Over?

by DLA Piper on

The environment for real estate investment in Africa contains a perplexing mix of positive and negative factors. This is quite apart from the obvious fact that, in a continent of 54 countries and wide variations in levels...more

Germany Publishes Meeting Report from Expert Dialogue on Application of Nanotechnologies in the Construction Sector

by Bergeson & Campbell, P.C. on

On June 1, 2017, the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety published meeting documents from the Expert Dialogue on “Opportunities and Risks of the Application of...more

Mexico’s "Red Troncal" project - New telecom nationwide backbone network project to be launched in Mexico

by White & Case LLP on

The 2013 amendments to the Mexican Constitution and Mexico's new Telecom Law require Mexico's federal government to build a nationwide fiber optic backbone network, which will be called the Red Troncal....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

Call for Projects: Tunisia Launches its Renewable Energy Program

by Jones Day on

The Tunisian Ministry of Energy, Mines and Renewable Energies has launched the first phase of its renewable energy program, which includes the development of 210 megawatts ("MW") as follows...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

Energy Newsletter - May 2017

by King & Spalding on

Taking the Long View - How Appropriate Foresight Supports the Development and Execution of Large-Cap Construction Projects - Introduction - The arduous, start-to-finish process of developing and constructing a...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

Mexico Introduces Industrial Safety and Environmental Protection Provisions for Hydrocarbon Pipelines

by Jones Day on

On March 31, 2017, the Ministry of Environment and Natural Resources published general administrative provisions in the Official Gazette of the Federation. These administrative provisions establish the guidelines for...more

Trump Administration Issues ‘Opening Salvo’ in Canada-US Trade Dispute: Department of Commerce Imposes Major Duties on Canadian...

by Dickinson Wright on

On April 24, 2017, the U.S. Department of Commerce (DOC) announced preliminary countervailing duties (CVDs) on Canadian lumber imports. Among the investigation respondents, West Fraser received the highest rate of 24.12%,...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

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