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This update includes a round-up of recent court decisions dealing with design obligations in supply contracts and a number of issues relevant to adjudication, including: insolvency, Part 8 declarations, the correction principle and the interplay between “true value” and “smash and grab”.
Case review 08/07/2020
On 17 June 2020, the Supreme Court handed down judgment in the case of Bresco Electrical Services Limited v Michael J Lonsdale (Electrical) Limited reversing the Court of Appeal’s decision and holding that the two regimes of insolvency and adjudication are compatible.
A Kennedys acaba de divulgar os seus resultados financeiros relativos ao ano de 2019/2020. A Firma inglesa, que tem representação em Portugal desde 2011, reportou uma faturação recorde de £238M (aproximadamente €265M), o que corresponde a um acréscimo de 9% face aos 12 meses anteriores.
The coronavirus pandemic has affected certain areas of the regional re/insurance market more than others, with construction insurers and reinsurers particularly exposed.
Easing of Circuit Breaker measures and next steps for the Projects and Construction industry in Singapore
With the outbreak of COVID-19, countries around the world have imposed lockdowns and curfews in one form or another. In Singapore, “Circuit Breaker” restrictions and measures were also imposed in response to the pandemic. To aid businesses, the government enacted the COVID-19 (Temporary Measures) Act 2020 (the “Act”) when the Circuit Breaker measures were put in place in Singapore on 7 April 2020.
Kennedys and HKA recently co-hosted a webinar addressing the impacts of the COVID-19 pandemic on construction industry projects in the Middle East.
The Court of Appeal in Singapore recently released its judgment in Shimizu Corporation v Stargood Construction Pte Ltd  SGCA 37 (“Shimizu CA”).
In a landmark decision concerning the jurisprudence and applicability of the Building and Construction industry Security of Payment Act Cap 30B (“SOP Act”, interchangeably the “Act”), the Court of Appeal in Shimizu CA handed down binding new developments that are of high relevance to local developers and builders, as well as to international contractors based in, or are involved in projects seated in Singapore.
On 31 January 2020, the first case of COVID-19 was confirmed in Spain. Since then, the latest figures of the global pandemic are as much unbelievable as they are devastating.
The COVID-19 pandemic has heralded almost unprecedented levels of uncertainty in all industries. The construction industry is no different. Contracting parties are looking to their contracts to assess their rights - and potential obligations and liabilities – in the event of breach of contract.