King & Spalding’s lawyers have drafted and negotiated thousands of construction-related agreements for energy industry clients. The team advises owners, lenders and developers with the legal counsel required to move mission-critical projects from conceptualization through to completion, on schedule and on budget.Learn more

24 ArticlesConstruction

by: Benjamin Pollock and Jeremiah Anderson

Disputes often arise during the course of a construction project. The proper handling of these “in project” disputes is critical to advancing the project towards completion, preserving rights, and resolving these disputes.Read more

by: Benjamin Pollock and William Burns

Construction claims benefit from an early and thorough evaluation. This article explores key steps in investigating and assessing a claim, including assembling the proper team, preparing the written record, and determining whether to pursue a claim.Read more

by: Alex Blomfield and Jessica Trevellick

The recent English decision in J Murphy & Sons v Beckton Energy Ltd provides a cautionary tale of the potential unintended consequences of amending FIDIC provisions in a construction contract. This casenote explores the law of liquidated damages in construction disputes under English law.Read more

by: Robert Garner and Michael Yates

Developers of offshore projects should understand how OSCLA might affect the parties’ choice of law provisions. This article presents a summary of the factors one should consider when determining what choice of law will apply to offshore service contracts as well as the potential commercial impacts of OCLSA jurisdiction.Read more

by: Benjamin Pollock and Martha Buttry Daniels

Energy industry professionals should be cognizant of ways to mitigate unforeseen obstacles during major construction projects. Taking early, proactive steps can help avoid costly and unnecessary disputes and put you in the best position to present or defend later claims, as necessary. When a potential dispute arises: understand the contractual landscape, talk to key people, organize important documents, and articulate a favorable position. Read more

by: Yumi Ahn and Alex Blomfield

The Privy Council’s recent judgment in NH International (Caribbean) Limited v National Insurance Property Development Company Limited (Trinidad and Tobago) provides a rare example of a common law court interpreting specific clauses in a FIDIC construction contract and addressing issues of termination and rights to counter-claim or set-off. Read more

by: Tim Burbury

In recent years Kuwait and Dubai have replaced and introduced new public private partnership laws directed at the development of essential infrastructure assets and services. This article explores key concepts in these laws, including their similarities and differences.Read more

by: King & Spalding

State Attorneys General Investigations and Enforcement: What to Expect in 2016 In recent years, state Attorneys General (“state AGs”) have significantly increased their investigative and enforcement... Read more

by: Sara Peters, James Bowe and Cynthia AM Stroman

PHMSA has stepped up enforcement efforts concerning pipeline and LNG terminal construction. Increased scrutiny by regulators and the DOJ warrant increased vigilance. Read more

by: Sarah Borders and Jeffrey Dutson

A federal appeals court recently entered an opinion interpreting “the most litigated provision” in the standard-form title-insurance policy, Exclusion 3(a), which provides that liens that are “created, suffered, assumed or agreed to” by the insured lender will not be covered under the title policy.Read more