Episode 3: In this episode of SCL Talks, we are hosting Benjamin Highfield, Partner and Head of Asia Operations at HKA Global Ltd. Top Causes of Claims and Disputes in Construction and Infrastructure Projects: Currently we are seeing a lot of cost claims arising out Covid 19 Pandemic related delays. These are observed as prolongation, suspension, demobilization, remobilization, and loss of productivity claims. Time claims have been relatively easy to settle as employers have the tendency to award an extension of time due to impacts of Pandemic, however, cost claims appear to be taking longer to resolve because employers are inclined to compensate contractors for several reasons including but not limited to lack of liquidity in the market. There are lots of insolvency and inter JV or consortium disputes as well. In addition to Covid 19 related claims, Benjamin shared some critical findings from HKA’s CRUX survey about top causes of claims and disputes in construction projects with a particular focus on Turkish Contractors and their approach to resolving disputes in projects.

Episode 2: Our guest for the second session of SCL Talks is Shy Jackson of Bryan Cave Leighton Paisner LLP. Notices in Construction Contracts Notices have always been a part of construction contracts and they play an important part in helping to manage construction projects. Notices are also relevant to identifying and resolving commercial issues and it is therefore perhaps not suprising that they are sometimes at the center of disputes. Ensuring that notices are issued correctly and that their validity cannot be challenged is therefore very important. This note provides guidance on some of the legal and practical issues that come up when dealing with contractual notices. Unless stated otherwise, the clauses referred to in this note are from the 2017 edition of the FIDIC Conditions of Contract for Construction (the Red Book).

Episode 1: Our guest for this first session of SCL Talks is Scott Stiegler, one of the partners in the International Construction Disputes division of Vinson & Elkins London Office. Anatomy of a Construction Dispute Disputes, whether large or small, are a common feature of construction projects, and there are many factors which will give rise to, and then influence, the ultimate form of a dispute. The anatomy of a construction dispute, therefore, is complex and multifaceted. There is no single paradigm within which a construction dispute exists.