On 12 September 2019, Matthew Smith and Nita Mistry spoke on a panel at CIArb’s Infrastructure Disputes Conference.
Among the topics covered, Matthew discussed the challenges and opportunities relating to infrastructure mega project management, and Nita concentrated her remarks on arbitration proceedings arising out of mega projects.
Please click here for full coverage of their panel.
K&L Gates is pleased to have been named the “Best Firm to Handle the Construction Project of the Future” by Above the Law.
“The construction industry has been around for centuries, but that doesn’t mean it hasn’t adapted to the changing times. The Construction and Infrastructure Group at K&L Gates draws from vast past experience to focus on ensuring that construction projects are sustainable for the next generation. The firm’s lawyers specialize in niche areas like integrating technology and IP into construction projects and incorporating clean energy and green initiatives. When you’re planning a construction project for a better tomorrow, K&L Gates is thinking ahead.”
For the full article, please click here.
By: Richard F. Paciaroni and Justin N. Leonelli
Effective 1 July 2019, Pennsylvania has joined 20 other states in adopting the Revised Uniform Arbitration Act (RUAA) as the most current law governing agreements to arbitrate in Pennsylvania. The RUAA was originally promulgated by the Uniform Law Commission in 2000, which replaced the original Uniform Arbitration Act (UAA) enacted by the Commission in 1956. Recognizing the need to replace an outdated UAA, Pennsylvania adopted the RUAA as a more thorough and robust arbitration law to meet the needs of modern disputes. Now, the RUAA provides specific guidance on various aspects of arbitration, including but not limited to the initiation of arbitration proceedings, impartiality of arbitrators, arbitrator immunity, discovery proceedings, and sanctions.
Read MoreBy Nita Mistry and Victoire Courtenay
Recently, in the case of MG Scaffolding (Oxford) Ltd v Palmloch Ltd [2019] EWHC 1787 (TCC), the Technology and Construction Court (TCC) held that the adjudicator did not lack jurisdiction and the notice of adjudication was valid, in circumstances where the adjudication was commenced and pursued against the responding party’s trading name.
The adjudication was commenced by MG Scaffolding (Oxford) Limited (MGS) against “MCR Property Group” (MCRPG). This was in fact a trading name for the correct contractual counterparty called Palmloch Ltd (Palmloch).
Read MoreWashington, D.C. – Construction news outlet Construction Executive has recognized K&L Gates LLP among the top five firms in the publication’s inaugural rankings of the 50 leading law firms throughout the United States with dedicated construction practices. With nearly 150 lawyers in its construction practice, K&L Gates also ranks first among included firms by number of construction lawyers.
By: Kevin Greene and Kiran Giblin
In the recent case of Mears v Costplan [2019] EWCA Civ 502, the Court of Appeal provided significant clarity as to how courts should interpret the widely used but seldom defined term, “practical completion” in the context of construction contracts. In essence, it was held that practical completion should only be prevented by patent defects (i.e. those that can be discovered by reasonable inspection) where such defects are considered “more than trifling.”
Read MoreBy: Nicola J. Ellis and Charles D. Oliver
On 1 March 2019 the NEC published a revision to the NEC4 suite of contracts, first published in June 2017. Whilst generally focused on addressing typographical errors and/or terminology corrections, a more significant amendment has been made to clause 63.5 – a new clause introduced in NEC4 but subsequently critiqued for a lack of clarity.
Read MoreBy Pawel Piotrowski, Matthew R. M. Walker and Amjad Hussain
The Q&A is part of the global guide to construction and projects. Areas covered include trends and significant deals, the main parties, procurement arrangements, transaction structures and corporate vehicles, financing projects, security and contractual protections required by funders, standard forms of contract, risk allocation, exclusion of liability, caps and force majeure. Also covered are material delays and variations, appointing and paying contractors, subcontractors, licences and consents, project insurance, labour laws, health and safety, environmental issues, corrupt business practices and bribery, bankruptcy and insolvency, public private partnerships (PPPs), dispute resolution, tax, the main construction organisations, and proposals for reform.
Read MoreBy Kevin Greene and Saya Lee
In an eagerly awaited judgment, the Court of Appeal upheld the TCC’s judgment in Grove Developments Limited v S&T (UK) Limited, confirming that the employer may adjudicate to establish the “true value of the sum due” in a second adjudication.
Read MoreSo, you are managing a major construction site in downtown Chicago. It’s been raining and you have thousands of gallons of silty water which you need to get off site. You can: (a) store it in tanks and then truck it to a waste water treatment facility; (b) discharge it to the local sewer under proper sewer authority; or (c) pump it into the river in full view of thousands of commuters walking over the bridges from the local train stations.
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