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Clayton Utz | Australia | 13 May 2021
False statutory declarations for subcontract work expose building contractor’s director to significant damages
The requirement that a head contractor provide, with its monthly payment claim, a statutory declaration that its subcontractors have been paid has…
WSCO Advokatpartnerselskab | Denmark, European Union | 28 Apr 2021
EU Brussels I Regulation on lis pendens applies to proceedings brought under CMR
The Maritime and Commercial Court recently held that Danish proceedings could not proceed as earlier Dutch proceedings concerned the same issue of…
Gorrissen Federspiel | Denmark, European Union | 22 Apr 2021
High court rules on interpretation of 'by object' infringements in light of recent ECJ case law
The Eastern High Court has found that Denmark's largest gas company, two subcontractors and an industry association illegally coordinated prices for…
Gan Partnership | Malaysia | 20 Apr 2021
Section 30 of CIPAA - road less travelled has now widened
While most companies which have obtained an adjudication decision in their favour choose to apply for said decision to be enforced via Section 28 of…
Kubas Kos Gałkowski | Poland | 1 Apr 2021
Appeals courts confirm procedural public policy violations
The Polish courts rarely confirm violations of procedural law. In two recent cases, the appellate courts found that procedural errors in arbitration…
Gan Partnership | Malaysia | 23 Mar 2021
Contractors' claims in adjudication against subcontractors
When a contractor takes over its subcontractor's works, can the contractor make a claim in adjudication against the subcontractor? Scenarios such as…
Hill Dickinson LLP | United Kingdom | 23 Mar 2021
Extent of an Adjudicator’s jurisdiction
Our Construction team successfully represented the claimant, Ex Novo Limited (Ex Novo), in its application to enforce summary judgment flowing from…
Birketts LLP | United Kingdom | 22 Dec 2020
Cornerstone - The requirements for valid payment applications are in your contract for a reason. Ignore them at your peril!
We are always droning on about making sure you issue valid applications for payment and payment notices. A case we were involved in last month - RGB…
Mayer Brown | Hong Kong | 17 Nov 2020
Claims Notice Comes Back to Bite: Hong Kong Court of Appeal Prevents Sub-contractor from Relying in Arbitration on Contractual Basis Not Previously Notified
Where a contract provision requires a party to state the contractual basis of its claim as a condition precedent to its entitlement to claim, the Hong…
CMS Cameron McKenna Nabarro Olswang LLP | United Kingdom | 6 Nov 2020
New NEC4 amendments published: with Triple Point and Rochford in mind
On 30 October 2020 NEC issued its second set of amendments for its NEC4 suite of contracts. The latest amendments take account of user feedback and…
