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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

DIFC Courts propose specialist Technology and Construction Division

by White & Case LLP on

DIFC Courts seek public consultation for proposed specialist Technology and Construction Division. The DIFC Courts are an important forum for dispute resolution in the Gulf and wider Middle East region. However,...more

FCPA Compliance Report-Episode 321-Adelle Elia, Chief Integrity Officer at Louis Berger [Video]

by Thomas Fox on

In this episode I visit with Adelle Elia, the Chief Integrity Officer at Louis Berger. Some of the highlights include: Why is her title “Chief Integrity Officer” as opposed to Chief Compliance Officer or Chief Ethics and...more

Impact of Brexit on UK Infrastructure

by DLA Piper on

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

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

"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

by Burr & Forman on

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

by Farrell Fritz, P.C. on

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

by Allen & Overy LLP on

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

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

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

by Reed Smith on

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

by DLA Piper on

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)

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

Procurement update for UK construction companies

by Dentons on

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

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