News & Analysis as of

Infrastructure Contract Terms

Blake, Cassels & Graydon LLP

Unpacking Recent Trends in Major Projects and Infrastructure Arbitration

Amid the evolving complexities of infrastructure projects, stakeholders are increasingly seeking innovative solutions to mitigate risk and manage disputes more efficiently. Below, we discuss recent trends shaping major...more

BCLP

Collaboration in Practice Under Singapore PSSCOC Option Module E and NEC4

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Traditional contracting has, in recent years, come under increasing criticism for being, among other things, unable to handle increasingly complex projects as there is little incentive for employers and contractors alike to...more

Warner Norcross + Judd

Tragic Francis Scott Key Bridge Collapse Could Lead to Supply Disruptions

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Over the last several years, the automotive industry has grown accustomed to various supply disruptions, from COVID-19 shutdowns and material shortages to port congestions. The tragic collapse of the Francis Scott Key Bridge...more

Gray Reed

Zoning Fundamentals – What Developers and Builders Need to Know

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What is zoning and how does it work? In simple terms, zoning refers to a city’s ability to regulate property owners’ use of their land within its corporate boundaries. For instance, a city may prohibit commercial...more

Ballard Spahr LLP

Indiana Department of Transportation Expands “Progressive” Alternative Project Delivery Methods

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The Indiana Department of Transportation (INDOT) rolled out its new statutorily authorized pilot progressive design-build (PDB) and construction manager/general contractor (CMGC) transportation infrastructure project delivery...more

BCLP

EPC Contracts and NEC

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An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice...more

Robinson+Cole Construction Law Zone

A New Template Contract for Prefabricated Construction

Over the past several years, modular construction has been on the rise and this method of construction has been used in the creation of health care facilities, education facilities, and apartment buildings. With the increased...more

Burr & Forman

Home Builders and Developers Beware: SC Supreme Court Beats Up Hybrid Arbitration Clauses Mercilessly

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If you are a homebuilder, residential housing developer, construction industry insurer, or any one of the many participants in the industry providing affordable and decent housing for the citizens of South Carolina, you are...more

Barnea Jaffa Lande & Co.

Infrastructure Projects in Israel

Tel Aviv may be all dug up, and the sidewalks gone, but there is a light at the end of the tunnel – at least at the end of the tunnel between Lincoln Street and Yitzhak Sadeh Street. It isn’t only Tel Aviv that’s dug up. Work...more

BCLP

PFI ‘Health Checks’: The latest proposal to manage PFI expiry risk

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On 16 December 2021, the PFI Centre of Excellence issued its Phase 1 PFI Expiry Health and Learnings Report. In this BCLP Insight, Jennifer Varley considers how these development areas may impact both the public and private...more

Bilzin Sumberg

Industry Leaders Discuss Construction Delivery Methods and Potential Pitfalls

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On March 3, 2021, Bilzin Sumberg hosted its annual South Florida Redevelopment Conference.  During one of the sessions, the leaders of our firm’s Construction Law Group, Joy Spillis Lundeen and Felix X. Rodriguez, were joined...more

Gray Reed

Texas Court Parses Three Retained-Acreage Clauses – Part 1

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PPC Acquisition Co., LLC, et al. v. Delaware Basin Res., LLC, et al. addressed retained acreage clauses in three separate oil and gas leases covering the same 640-acre tract in Reeves County, Texas....more

Hogan Lovells

Contract and claim dispute management in the infrastructure and energy sector

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Importance of contract, claim and dispute management - Rapid urbanisation and growing demand mean that the construction industry is one of the largest industry sectors in the world, consistently poised to outpace the world...more

Dechert LLP

Dispute Resolution Trends in Asia for 2021

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Naturally, there will be disputes relating to COVID-19 and efforts to contain its spread. These will often be resolved through negotiation, particularly if the relevant contract clearly allocates the risk between the parties...more

Kramer Levin Naftalis & Frankel LLP

Force Majeure, Aménagement Contractuel et Pouvoir du Juge des Référés

La Cour d'appel de Paris a confirmé le 28 juillet dernier, l'ordonnance du juge des référés du tribunal de commerce de Paris qui avait considéré, du fait de l'existence de la pandémie, que la réalité de l'existence de la...more

Jones Day

Construction Projects and Disputes: A Look Beyond the Lockdown, Part III

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[co-author: Juan Huertas] Even as the world gradually eases out of lockdown, deals are rekindled and services are remobilized, no one doubts that the impact of the pandemic will continue to be felt for months and, some...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Stipulated Sum and Liquidated Damages in Infrastructure Projects: What Are They, Are They Enforceable, and How Do You...

Most parties on a construction project know that a liquidated damage may be assessed for each day of the delay past a contract completion date. However, in infrastructure and highway contracts, there are many different events...more

Gray Reed

Coronavirus and the Energy Industry: Drilling into Force Majeure Clauses

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Many oil and gas contracts – leases and JOAs for example – have force majeure clauses. The purpose is to allow contracting parties to suspend or terminate performance when certain circumstances arise that are beyond their...more

Kramer Levin Naftalis & Frankel LLP

Force Majeure: Can It Be Applicable in Case of Failure to Perform the Contract Due to the COVID-19 Outbreak?

For more than a month, China has been suffering from the COVID-19 outbreak, leading to strict containment measures and the standstill of many production plants of raw materials or parts. ...more

Orrick, Herrington & Sutcliffe LLP

Texas Supreme Court: Contracting Parties Can Negate The Formation Of A Partnership Through Contractual Conditions Precedent In...

The Texas Supreme Court issued an important ruling on Friday, January 31, 2020, on the formation of partnerships where parties have provided by contract specific conditions that must be satisfied before a partnership will be...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Bilzin Sumberg

Asociaciones público-privadas y resolución de disputas

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Hemos escrito mucho acerca de cómo las colaboraciones público-privadas (P3) ofrecen soluciones mejores y más eficientes para las necesidades de infraestructura pública y sobre cómo, debido a su eficacia, se han convertido en...more

Bilzin Sumberg

Public-Private Partnerships and Dispute Resolution

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We have extensively written about how public-private partnerships (“P3s”) offer better, more efficient solutions to public infrastructure needs, and about how, given their effectiveness, they’ve become a preferred method for...more

Womble Bond Dickinson

Our Way or the Huawei: Are Your Fintech Contracts Ready for a National Emergency?

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Most of the reaction to Donald Trump’s sweeping new Executive Order, declaring a national emergency to combat “the ability of foreign adversaries to create and exploit vulnerabilities in information and communications...more

White & Case LLP

The EU loan syndication impact assessment is out: more competition scrutiny ahead?

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Setting the scene The long anticipated European Commission (DG COMP) report on "EU loan syndication and its impact on competition in credit markets" (see here) has finally been published. The study primarily focuses on the...more

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