Clyde & Co | Projects & Construction

In this episode of our Global Projects and Construction Group podcast, host Cynthia Aoki,partner in Clyde & Co’s Calgary office in Canada, leads a conversation on risk apportionment trends and developments in the construction sector in North America. She is joined by three Clyde & Co partners who specialise in construction and infrastructure disputes: Mark Braidwood in Vancouver, Jamie Spotswood in Toronto, and Dan Lever in Boston.

In this episode of our Global Projects and Construction Group podcast, host Steven Cannon, Partner at Clyde & Co, focuses on cyber threats in the construction sector. He is joined by Laura Coates, Dan Lever, William Barrington, and Alex Devereux, all from the Clyde & Co Global Projects & Construction Group, along with Helen Bourne, Rosehana Amin, Stephanie Luhrs, and Olivia Darlington, representing Clyde One, Clyde & Co’s new global cyber brand, which provides an end-to-end cyber solution.

In this episode of our Global Projects and Construction Group podcast, host Alon Meyerov, Partner with Clyde & Co in Johannesburg, focuses on the development of renewable energy projects across different global regions and the risks and opportunities facing the sector.

In the first episode of our Global Projects and Construction podcast, host Chris Leadbetter focuses on the evolution of building safety law in the last ten years and the risks that these rapid changes bring for companies in the construction sector. Joining Chris are Eugene Tan, who leads Clyde & Co’s Asian Construction Practice, Chloe Blackwell, Senior Associate in the Sydney office and specialist in construction law, and Will Cadwaladr, Senior Associate in the UAE office.

In the second and final part of this episode, Andrew, Duncan and William look at real life cases across different jurisdictions whereby the Courts have intervened in the calling of performance bonds. Contractors will leave the episode with a clear understanding of the jurisdictional differences and some key learnings they can take away to minimise their risk of a wrongful call moving forwards.

In this two-part episode, Andrew Archer, Duncan Miller SC and William Marshall discuss the commercial purpose behind cash performance bonds and the differing approaches local Courts have taken to intervening in a relationship between a contractor and a principal. In the first episode, contractors will gain a clear understanding of cash performance bonds and their usage, and will start to build a picture of the differing approaches jurisdictions take to the subject.

The expiry of PFI contracts is set to be the new big challenge for the industry, with the majority of PFI contracts in the UK due to expire in the 2030s. Join Legal Director Laura Coates, along with Associates Ana Bonnington and Ross Jenkins as they explore the implications of this and what key lessons can be learned from projects that have already been handed back.

Price escalation is a widespread concern amongst many contractors in the region. The price of steel has increased globally, shipping costs are five times higher than pre-COVID-19 levels and containers are becoming increasingly harder to source.In this episode, Alexa Hall and Richard Harding QC explore the potential options available to contractors operating in the UAE to recover their additional costs.

Important political and business drivers combined with the urgent need to cut greenhouse gas emissions are resulting in a strong global appetite for renewable energy sources, including hydrogen, offshore wind, and waste-to-energy projects. There are however numerous challenges facing governments, developers and contractors across the world, from technical and economic restrictions in repurposing energy pipelines and infrastructure to an increase in renewable energy disputes relating to issues of waste quality, efficiency, delays and terminations. In this podcast, Partner Glen Warwick, interviews fellow Partners Mary Anne Roff in the UK and Damian Watkin in Abu Dhabi, alongside Legal Director Kate Lister in the UK, about key factors and issues in the construction of renewable energy projects across the globe, how these might differ from more traditional energy projects, and what the future holds for the sector.

The transition to a sustainable and resilient future presents significant opportunities, challenges and legal risks for players in the construction and infrastructure sector. Companies are moving forward with greater momentum to respond to and meet the demand for climate-resilient infrastructure, whilst under growing pressure from investors, investor groups, consumers, and the general public to disclose and address the risks that may arise out of environmental, social, and governance (ESG) issues. Whether led by regulation, consumer demand, or funder requirements, it is critical that the construction industry continue to adapt to and respond to climate change in all activities, including in the design, procurement, and construction of development.In this podcast, Partner Glen Warwick, from our Australia offices, discusses with fellow Sydney-based Partner Jacinta Studdert, UK-based Partner Lucy Frith, and Senior Counsel Daniel Lever in Miami the impact that climate change is having on the industry. We take an in-depth look at how the construction industry continues to innovate in line with minimising carbon footprints, including greater emphasis on designing and utilising more durable and recyclable materials, the challenges we’re seeing already from a regulatory and dispute perspective, and what we can expect to see through 2022.

With digital momentum in the construction sector increasing all the time, lawyers need awareness of the key technologies, and what they mean for client risks and liabilities. While it may seem complex and daunting to non-tech experts, It is possible to build a basic understanding while knowing where to seek advice from technical experts when required. In this podcast, Clyde & Co partners Dino Wilkinson, Mary Anne Roff and Sean Hardy, along with technology specialist Tom Tippett explore the ways in which energy, particularly renewable energy including hydrogen and offshore wind, are impacting the construction industry, and how players in this market are adapting and indeed investing to overcome the challenges presented by climate change and a global shift to go green.

Financial volatility and market changes have impacted many businesses across the construction sector. Adherence to case law, statutory regimes, proper pricing and implementing robust contract administration will remain key drivers for ensuring business resilience. In this podcast, Partner Anthony Albertini discusses important developments in the construction insolvency space alongside partners Beau McLaren, from our Dubai office, and Tom Webb, from our Perth office. They are also joined by Tristan Cox, a senior associate in the firm’s insolvency team. This podcast focuses particularly on key changes in the UK, Middle East and Australia.

Substantial changes in legislation coupled with the restrictions imposed as a result of the COVID-19 pandemic have impacted jurisdictions across key emerging markets. Some of the issues affecting the construction industry specifically have included the shortage of labour and materials, lack of cash flow and the localisation of supply chains. In this podcast, Senior Associate Nathaniel Horrocks-Burns, interviews fellow senior associates Margareth Maganga (Dar es Salaam office), Rachel Tan (Singapore office), and partner Franco Acchiardo (Santiago's associated office), about the changing landscapes in the emerging markets within the Latin America, Africa and Southeast Asia regions as well as the challenges and opportunities that lie ahead in 2022.

2020 was undoubtedly a challenging and tumultuous year for the Middle East construction industry. Events over the past 12 months are likely to have far-ranging consequences for the market going into 2021 and beyond. In this podcast, partners Laura Warren, Ben Cowling and Beau McLaren discuss how the events of 2020 impacted the construction markets in Qatar, Saudi Arabia and the UAE and give their predictions for key trends in 2021 and how those markets will react over the coming year. Interviewer: Beau McLaren Interviewees: Laura Warren and Ben Cowling | Our Year in Review for 2020 is a collection of market and legal updates, considering developments in the construction and infrastructure sector globally over the past 12 months, as well as insights into what you need to be aware of in 2021. We have curated a selection of podcasts looking at key regional updates and trends impacting your business. Please note that all podcast content is accurate as of December 2020.

In the US, the future viability of the P3 project delivery model is uncertain whilst in the UK we've seen significant changes take place over the past decade with the UK government deciding to no longer use the PFI model for funding national infrastructure projects going forwards. In this podcast, Senior Counsel Daniel Lever and Legal Director Laura Coates explore the success of P3s in the US and why some contractors are leaving the market, along with a comparative look at criticisms of UK PFIs and how to best use the P3 model for future projects. Interviewees: Laura Coates and Dan Lever | Our Year in Review for 2020 is a collection of market and legal updates, considering developments in the construction and infrastructure sector globally over the past 12 months, as well as insights into what you need to be aware of in 2021. We have curated a selection of podcasts looking at key regional updates and trends impacting your business. Please note that all podcast content is accurate as of December 2020.

As the United States welcomes its new president, there are questions around what this means for infrastructure plans for the country. Within Biden's plan, he proposes to "Build Back Better" and identifies an expansive slate of new programs aimed at making "far reaching investments" in infrastructure, as well as many other sectors such as housing, innovation, and environmental justice. In this podcast, Senior Counsel Dan Lever at Clyde & Co is joined by Jonathan Haag, Vice-President at Lighthouse Consulting Group, LLC where they explore Joe Biden’s new infrastructure plan as the new president of the United States and what this may mean for the infrastructure sector. Interviewees: Dan Lever and Jonathan Haag | Our Year in Review for 2020 is a collection of market and legal updates, considering developments in the construction and infrastructure sector globally over the past 12 months, as well as insights into what you need to be aware of in 2021. We have curated a selection of podcasts looking at key regional updates and trends impacting your business. Please note that all podcast content is accurate as of December 2020.

In 2017 South Africa adopted a new arbitration law for International Arbitrations, the International Arbitration Act (IAA). The passing of the IAA was a significant development for both South Africa and the region. Many parties choose arbitration in their international agreements; however, this is only desirable if an arbitration is seated in a jurisdiction where courts give support when needed, but otherwise do not interfere. The IAA which is based on the UNCITRAL Model Law entrenches this approach. The IAA provides a familiar framework for administering an arbitration, clarity of process and procedure, and certainty that foreign arbitration agreements and awards will be recognised and enforced within the jurisdiction. However, a good arbitration law and the associated developed judiciary and infrastructure is only one side of the equation. What is also required is a set of modern arbitral rules, which are familiar to international parties and which can accommodate and facilities modern international arbitrations. The Arbitration Foundation of Southern Africa (AFSA) has now published their draft International Arbitration Rules, which will hopefully plug this gap and provide a set of user friendly and modern rules.In this podcast, Partner Alon Meyerov and advocate Grant Herholdt, a barrister who practices at Group One Chambers in South Africa will be discussing the draft International Arbitration Rules published by the Arbitration Foundation of Southern Africa. Interviewer: Alon Meyerov Interviewees: Grant Herholdt | Our Year in Review for 2020 is a collection of market and legal updates, considering developments in the construction and infrastructure sector globally over the past 12 months, as well as insights into what you need to be aware of in 2021. We have curated a selection of podcasts looking at key regional updates and trends impacting your business. Please note that all podcast content is accurate as of December 2020.

The renewables sector has been identified as one of the main catalysts for the reactivation of the Spanish economy after the coronavirus pandemic. Within this context, the Spanish Government launched a Transformation, Recovery and Resilience Plan to promote an ecological transition with a greater focused being placed on the use of renewable energy. As such, new regulations were enacted during 2020, that focused, for example, regulating renewable energy generation facilities and structuring a new renewable energy auction system.With the above in mind, this podcast features Socio Luis García and Associate Marina Arancón discussing how the renewables sector will function as a re-activation tool for Spain's economy. Interviewer: Marina Arancón Interviewee: Luis García | Our Year in Review for 2020 is a collection of market and legal updates, considering developments in the construction and infrastructure sector globally over the past 12 months, as well as insights into what you need to be aware of in 2021. We have curated a selection of podcasts looking at key regional updates and trends impacting your business. Please note that all podcast content is accurate as of December 2020.

This year, against the backdrop of COVID-19, the impact of the coronavirus crisis on the construction sector in Spain and its recovery forecast will undoubtedly be questioned. The Spanish construction sector has operated with major restrictions that have been higher than those of many other European countries throughout 2020. However, we can now expect to see a continuation of work that was halted and an increased pick-up of the development of infrastructure projects. In this podcast, Socio Luis García and Associate Marina Arancón explore the present status and the future forecasts of the construction sector in Spain, taking into consideration the fact that much of the focus in Spain will be on its recovery in 2021. Interviewer: Marina Arancón Interviewee: Luis García | Our Year in Review for 2020 is a collection of market and legal updates, considering developments in the construction and infrastructure sector globally over the past 12 months, as well as insights into what you need to be aware of in 2021. We have curated a selection of podcasts looking at key regional updates and trends impacting your business. Please note that all podcast content is accurate as of December 2020.

The digitalisation of the construction process is a growing trend in Spain and involves the incorporation of digital tools and applications into every stage of the construction process, from the business development, the design, the execution phase to the later operation and maintenance stages. Such digitalisation will inevitably impact upon the way Spanish construction companies carry out their business functions. In this podcast, Socio Luis García and Associate Marina Arancón discuss the incorporation of these innovative tools on construction projects and their legal impact on the ways construction companies do business. Interviewer: Luis García Interviewees: Marina Arancón | Our Year in Review for 2020 is a collection of market and legal updates, considering developments in the construction and infrastructure sector globally over the past 12 months, as well as insights into what you need to be aware of in 2021. We have curated a selection of podcasts looking at key regional updates and trends impacting your business. Please note that all podcast content is accurate as of December 2020.