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International Trade Construction

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

Construction Contracts: When Is Industry Best Practice Not Good Enough?

by Jones Day on

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

The Importance of Strictly Complying with Notice Requirements on Australian Projects

by Jones Day on

The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice...more

Singapore Court confirms limited scope for adjudication set aside

by White & Case LLP on

In Mataban Development Pte Ltd v Black Knight Warrior Pte Ltd, a respondent-owner failed to serve a valid payment response under the Building and Construction Industry Security of Payment Act ('SOP Act'). The adjudicator thus...more

No implied obligation to work with due diligence and expedition

by White & Case LLP on

The Singapore Court of Appeal has recently held that there was no implied term of due diligence and expedition in a construction contract. This case aligns the Singaporean approach with that of the English courts....more

Arbitration Award Ruling That, Because of Cultural Differences, a Local Afghan Subcontractor Is Not Bound by the F.A.R. Provisions...

by Pepper Hamilton LLP on

Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors, LLC, No. 17-cv-00224-YGR, 2017 U.S. Dist. LEXIS 111767, at *10-12 (N.D. Cal. July 18, 2017) - This matter came before the Court on a motion to vacate a final...more

BIM before the English Courts

by White & Case LLP on

In a judgment released in August 2017, the UK High Court granted an interim injunction requiring a Building Information Modelling ("BIM") coordinator to provide access to a common data environment....more

Brexit from the perspective of the construction industry – a recap

by Dentons on

Despite a change in Prime Minister, a general election and the start of the UK's exit negotiations with the EU, we are little wiser about what Brexit will mean for the construction industry. That very uncertainty is starting...more

Case Note on MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another – [2017] UKSC 59

by King & Spalding on

On 3 August 2017, the Supreme Court of England and Wales handed down its decision in the case of MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another – [2017] UKSC 59, finding in favour of the...more

USTR Requests Input on Impact of Trade Agreements on Government Procurement

by Hogan Lovells on

On August 21, 2017, the Department of Commerce (Commerce) and the Office of the United States Trade Representative (USTR) issued a request for public comment on the impact of government procurement provisions of U.S. trade...more

“Buy American” Law Changes How Texans Buy Iron and Steel

by Gray Reed & McGraw on

As a result of newly enacted Texas Senate Bill 1289, buying American iron and steel is now a requirement on certain public infrastructure projects in Texas. Promoted by President Trump, passed by the Texas Legislature in May...more

No cross-contract set-off under Security of Payment Act

by White & Case LLP on

In Hua Rong Engineering Pte Ltd v Civil Tech Pte Ltd, the Singapore High Court considered whether counterclaims and set-offs arising outside the context of the contract in dispute can operate as a defence in adjudication...more

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

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