Economic uncertainty around raw materials and shifts in post-pandemic planning has created tangible tensions surrounding international construction and infrastructure “mega projects”. There is a new focus on investment...more
FIDIC (“International Federation of Consulting Engineers”) Contracts do not exclude a right to time and money if the Employer or Engineer instructs a Variation only orally. The FIDIC Red Book for example at Clause 3.3 allows...more
The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law...more
Maeda Corporation and China State Construction Engineering (Hong Kong) Limited v Bauer Hong Kong Limited handed down in the Hong Kong Court of Appeal has significantly elevated the fundamental importance of so-called...more
11/18/2020
/ Arbitrators ,
Breach of Contract ,
Condition Precedent ,
Construction Contracts ,
Contract Terms ,
Entitlements ,
FIDIC Contracts ,
General Contractors ,
Hong Kong ,
Subcontractors ,
Subcontracts
The increasing and dynamic impact of the novel Coronavirus (COVID-19) is tangible. For example, on January 30, 2020, the World Health Organization declared a “public health emergency of international concern” and in the...more
2/26/2020
/ Construction Contracts ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contract Price ,
Contract Terms ,
Coronavirus/COVID-19 ,
Entitlements ,
FDIC ,
Force Majeure Clause ,
General Contractors ,
Infectious Diseases ,
Public Health ,
Time Extensions
International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure...more
International construction arbitration welcomes FIDIC's latest standard form contract: the “Emerald Book”. Known more formally as Conditions of Contract for Underground Works the contract is designed to address issues that...more
In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread. Typically, the contractor...more
• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.”
• The Court of Appeal...more
9/14/2018
/ Appeals ,
Claim Procedures ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contractors ,
International Arbitration ,
Land Owners ,
Liquidated Damages ,
No Damage For Delay ,
Property Owners ,
Time Extensions