K&L Gates | Construction Law
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We are a group of construction and infrastructure lawyers who assist our clients with the everyday issues and battles that are part of the construction and engineering industries. Subscribe to get articles on legal issues, news, and regulations concerning the construction industry.
K&L Gates | Construction Law
6M ago
By: Emma Wolfe and M. Ryder Lee
On 28 September 2023, the Tennessee Supreme Court held that the economic loss doctrine (ELD) “only applies in products liability cases and should not be extended to other claims.” After years of confusion and guessing by the lower courts and federal district courts in the state, the Court in Commercial Painting Company, Inc. v. The Weitz Company, LLC, et al. (Weitz) declined to extend the ELD and clarified that it does not apply to contracts for services, including construction contracts.
The ELD is a judicially-created rule aimed at preserving the distinction b ..read more
K&L Gates | Construction Law
7M ago
We were delighted to host an event in our London office on 18 May 2023, as part of London International Disputes Week, in partnership with 4 Pump Court and Kroll, focusing on “Strategies for success in navigating delay and quantum issues in international construction arbitration in a changing world”. For those unable to join us, a recording of the event is available here ..read more
K&L Gates | Construction Law
7M ago
By: Camilla de Moraes, James Jago and Samuel Gordon
In Breakshore Ltd v Red Key Concepts [2022] 5 WLUK 677 (“Breakshore”), K&L Gates successfully acted for the Claimant in resisting a Part 8 claim challenging the decision of an adjudicator and thereby enforcing the decision by way of summary judgment. The decision of the TCC reaffirms that the use of Part 8 to resist enforcement of an Adjudicator’s decision will only be appropriate in a very limited set of circumstances and that it must not be used to obtain a tactical advantage.
Background Facts
The dispute in question arose out of a ..read more
K&L Gates | Construction Law
7M ago
By: Pawel Piotrowski, Elias Matni, and Wafaa Dauleh
A series of provisions under the Executive Bylaws of the Law on the Organization of Tenders and Auctions No.16 (2019) have been amended by the Council of Ministers Resolution No.11 of 2022 (the 2022 Resolution). According to the Ministry of Finance officials, the changes made aim to strengthen and support the economic activities that fall outside the scope of the oil industry as there is a growing trend towards enhancing the role of the private sector in implementing a variety of development projects. The key points under these amendments per ..read more
K&L Gates | Construction Law
7M ago
Justin Leonelli, an associate in K&L Gates’ Construction & Infrastructure practice group, has been named Regional Director for the Delaware Valley Region for the Society for Construction Law North America.
Click here to read full announcement ..read more
K&L Gates | Construction Law
7M ago
By: Justin Leonelli and Rich Paciaroni
Effective 1 September 2022, the American Arbitration Association (AAA) has updated its Commercial Arbitration Rules and Mediation Procedures, representing their first revisions since 1 July 2013. These amendments provide key updates and improvements to the commercial arbitration process, including with respect to the following:
CONSOLIDATION AND JOINDER
In likely the most significant revision of the amendments, under revised Rule R-8, parties can now request to consolidate arbitrations or join additional parties. The decision to permit consolidation or jo ..read more
K&L Gates | Construction Law
7M ago
By: Kevin Greene and Ruth Chang
Advance JV (A Joint Venture between (1) Balfour Beatty Group Limited; and (2) MWH Treatment Limited); and Enisca Limited [2022] EWHC 1152 (TCC)
The parties in this case carried out works pursuant to an amended form of NEC3 Engineering and Construction Contract (Option A). The works consisted of the supply and installation of LV electrical equipment for design and construction of a new water treatment works and hydro-electric power generation facility in Cumbria.
The relevant timeline is as below.
Timeline
Enisca Limited (“Enisca”) submitted an application for p ..read more
K&L Gates | Construction Law
7M ago
By: Ben Holland and Ruth Chang
Issues with the current heat networks regime?
Heat network customers have reported price increases of up to 700% since late 2021.
Heat networks are not currently regulated, and most customers are not covered by the energy price cap (i.e. the Ofgem price-cap does not apply).
What are heat networks?
A heat network – sometimes called district heating – is a distribution system of insulated pipes that takes heat from a central source and delivers it to a number of domestic or non-domestic buildings. There are currently around 14,000 UK heat networks and half a millio ..read more
K&L Gates | Construction Law
7M ago
By Kevin Greene and Ruth Chang
Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823
The Court of Appeal in this case considered when a collateral warranty will be regarded as a “construction contract” under the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”).
The key take away points are as follows:
1. In deciding whether a collateral warranty is deemed to be a “construction contract”, one has to look at the obligations being warranted. If a collateral warranty seeks to guarantee obligations in relation to ..read more
K&L Gates | Construction Law
7M ago
By: Kevin Greene and Ruth Chang
Advance JV (A Joint Venture between (1) Balfour Beatty Group Limited; and (2) MWH Treatment Limited); and Enisca Limited [2022] EWHC 1152 (TCC)
The parties in this case carried out works pursuant to an amended form of NEC3 Engineering and Construction Contract (Option A). The works consisted of the supply and installation of LV electrical equipment for design and construction of a new water treatment works and hydro-electric power generation facility in Cumbria.
The relevant timeline is as below.
Timeline
Enisca Limited (“Enisca”) submitted an application for p ..read more