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.
By Trent Cotney, Trent Cotney PA
Over the past 40 years, construction contracts have become increasingly one-sided in favour of the project owner. Contracts have evolved to include a myriad of provisions to shelter owners from liability. One in particular has allowed owners to gain even more control over the contracting process by creating more favourable termination provisions: the termination for convenience clause.
By Júlio César Bueno, Pinheiro Neto Advogados
Studies by Transparency International, the Organisation for Economic Co-operation and Development (OECD) and the American Society of Civil Engineers highlighted construction as one of the sectors most prone to corruption.
Who’s Who Legal brings together two leading figures, Colin Ong (Dr Legal Services, Brunei) and Don Gavin (Akerman, US), to discuss emerging domestic trends, the construction sector’s possible resurgence as a result of improving economic conditions and other key issues affecting the legal market.
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.
With the benefit of over 15 years of research and tens of thousands of votes from clients and private practitioners, as well as hundreds of hours of interviews with legal professionals worldwide, Who’s Who Legal takes a closer look at developing trends in the global construction market.
Our research uses the recommendations of private practitioners and corporate clients across the globe in order to pick out the 503 lawyers from 48 countries who lead the field worldwide. Leading the way once again in our research is Pinsent Masons. The construction powerhouse demonstrates its international presence with an outstanding 19 lawyers noted for their expertise in this practice area. Jones Day fields an impressive eight lawyers to this publication, three of whom are from the firm’s San Francisco office. From Borden Ladner Gervais, seven exceptional lawyers are selected for inclusion and US boutique Smith Currie & Hancock boasts six listings in this edition.
With the benefit of over 17 years of independent research, encompassing thousands of votes from international clients and private practitioners, and hundreds of hours of interviews, Who’s Who Legal examines the recent trends and developments in the global construction law marketplace.
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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.