By Thomas Hofbauer and Nicole Mörchen, HKA
Disruptions frequently lead to the project schedule and subsequent completion date slipping, as well as cost overruns from inefficiencies. Quantification of disruption often remains problematic, leaving the analyst with a degree of uncertainty. In this article, Thomas Hofbauer and Nicole Mörchen at HKA briefly discuss how system dynamics methodology can be used to quantify disruption with regard to the time and cost of projects.
Who’s Who Legal brings together Erin Miller Rankin at Freshfields and Andrew Ness at Jones Day to discuss issues facing construction lawyers and their clients in the industry today, including the rise in construction costs, the effects of global political uncertainty and the growing number of sector-related disputes.
By Júlio César Bueno, Pinheiro Neto Advogados
In this article, Júlio César Bueno explores the issue of corruption throughout the international construction industry. He highlights not only the current problems that the industry faces, but also the way in which it can progress and move towards a future of transparency and good governance.
By Humphrey Lloyd QC and Jennifer Jones, Atkin Chambers
Contracts often limit the losses recoverable for a default, for example saying that those which are “indirect” or “consequential” are not recoverable. Where is the line to be drawn? If the contract is governed by the law of England and Wales, a court or arbitral tribunal will probably get some help from seeing what might be allowed in law in a comparable situation for damages for breach of contract.
785 practitioners from 399 firms are identified as the leading practitioners active in construction law worldwide. They handle a range of matters, from contentious disputes requiring resolution in national courts or international arbitration, to contractual and regulatory issues requiring specialist expertise. The leading practitioners in each region are highlighted in turn below.
For the third time, we also identify the leading construction experts, who provide assistance to clients as expert witnesses in major construction litigation as well as advising on an array of quantum and delay issues.
This year, 128 individuals from over 50 firms are highlighted for their exceptional expertise in the sector.
HKA remains the foremost firm in the field, achieving an impressive 24 listings across Europe, Asia and the US. Other global construction specialists include FTI Consulting and Navigant Consulting who also perform well in this edition. Both firms are noted for their expertise throughout North America, Asia and EMEA, illustrating their strong international presence.
The construction industry is currently experiencing turbulent times, owing particularly to the recent fall in oil and commodities prices, which has caused a shortfall in funds available for construction projects worldwide. In addition, recent political events, such as the election of Donald Trump as US president and the UK’s vote to leave the European Union, have caused significant uncertainty in these major jurisdictions, which may negatively impact business in these countries and beyond. Yet practitioners report that domestic construction markets are still strong, and while the legal market is “feeling pressurised”, demand for legal services remains high.
From the 685 practitioners selected as market leaders in construction law across 56 jurisdictions, we highlight the most highly regarded firms and individuals in our global research in this section.
Pinsent Masons tops our research once again with impressive candidates across the UK, Middle East and the Asia Pacific region. White & Case, Jones Day, Hogan Lovells and Herbert Smith Freehills also feature prominently on the global stage. Meanwhile, Clyde & Co stands out for its impressive Middle East offering.
Several boutiques and national full-service firms are recognised, including, among others, UK construction specialist Fenwick Elliott; Clayton Utz in Australia; Canada’s Borden Ladner Gervais; as well as pre-eminent US construction firm Peckar & Abramson and US full-service firm Pillsbury Winthrop Shaw Pittman.
Meanwhile, Keating Chambers tops our UK bar rankings, followed by Atkin Chambers.
Among our most highly regarded individuals we select 10 thought leaders from the North America market, as well as a further five from Europe, the Asia-Pacific region and the Middle East.
In our most comprehensive research into the construction consulting expert market to date, 103 leading figures in quantum and delay are identified from across 11 jurisdictions.
Several firms achieve a high number of listings including international constuction specialists Hill International which is represented by 17 experts across Europe, Asia, the US and the Middle East. The global offerings of Navigant, Secretariat and FTI Consulting also among those to feature prominently in this year’s results, while a number of prominent indivduals from local outfits are also widely regarded by the international construction legal market.
While the global construction industry is beginning to gain pace once more, the after-shocks of the global financial crisis are still being felt by the law firms and practitioners tending to the industry. Cost-conscious, sophisticated clients are the new norm, challenging the legal market to adapt to their needs for globalised advice and price certainty.
The 9th edition of Construction is a truly global analysis of the market, featuring 552 leading practitioners from 314 firms across 59 jurisdictions.
The outstanding law firms in this guide are mostly domestically focused, but there are a number of strong international offerings. Pinsent Masons leads our research overall, boasting strength and depth in the UK and Asia. Leading lawyers from King & Spalding and Jones Day stretch across Asia, Europe and the US. Meanwhile, Clyde & Co, Herbert Smith Freehills, White & Case and Hogan Lovells also feature prominently across the global market.
The highly competitive US market is home to some impressive outfits, including Peckar & Abramson, Pillsbury Winthrop Shaw Pittman and Smith Currie & Hancock. Borden Ladner Gervais earns special recognition for its stand out position in the Canadian market, while Clayton Utz leads the way in Australia.
Given the demand for leading barristers in high-stakes construction litigation and arbitration, it is not surprising to see Keating Chambers and Atkin Chambers feature at the top of our research.
We have also identified the most highly regarded individuals in this area. This year, we recognise 10 lawyers in the US market and five stand outs each in Europe, the Middle East and the Asia-Pacific region.
In this year’s research we introduce a section focusing on the world’s leading construction experts, namely those who provide expert analysis and testimony and litigation and arbitration pertaining to high-profile and complex construction disputes.
After the global construction industry experienced a moderate upward trend in 2014, contributors in several jurisdictions have indicated a continued improvement in the construction market in recent months as improved economic conditions have led to increased investor confidence and bank lending, with reports of greater funding availability for new construction projects, in terms of both traditional and creative financing. The US acts as a particular example of this trend, with many optimistic about the sector’s continued expansion over the course of 2015. As one respondent noted, “We hope to see a broader range of industry participants in the market in the next couple of years and have seen more work in terms of commercial building, particularly for clients in the technology sector.”
In this edition, we identify 523 practitioners from 302 firms and 48 countries who are considered leading lawyers in the field of construction law. Several firms stand out due to the number of inclusions they achieve, with Pinsent Masons boasting more listings than any other firm. It has lawyers recognised from 18 different jurisdictions, demonstrating its impressive geographical reach. Jones Day also has a high number of practitioners singled out, as does top-tier US firm Peckar & Abramson.
We also select the 15 most highly regarded individuals in the world for construction law who stand out for their experience and expertise.
Click on the name of an expert below to view their profile. Experts shaded in blue have professional biographies in one or more practice areas.
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.