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27 ArticlesConstruction

by: David Strickland and Michael Yates

Owners and developers typically seek to minimize up-front costs during the early development of large-cap construction projects. Early attention to key development and construction issues, however, will likely pay rich dividends as these projects progress through completion. Here's how. Read more

by: Jeremiah Anderson

Resolving a circuit split, the Texas Supreme Court held that trial courts have discretion whether to dismiss a lawsuit against a licensed professional with or without prejudice when a plaintiff fails to file a Certificate of Merit contemporaneously with its original petition.Read more

by: Benjamin Pollock and Craig Ledet

When a claim threatens a major construction project, the contract’s dispute resolution provisions do not always need to read as step-by-step instructions. Prudent parties will study the contract’s requirements but also consider options that might more effectively address the particular dispute and circumstances.Read more

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