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…
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…
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…
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…
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.
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…
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…
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?…
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…
By Kevin Greene and Ruth Chang
Background
The Building Safety Bill received Royal Assent on 28 April 2022, and has now completed all the parliamentary stages in both Houses to become an Act of Parliament – i.e. the Building Safety Act 2022 (the “Act”).
According to the Government, many of the measures included within the…
