Year In Review 2017 - Legal Developments In The Global Construction And Infrastructure Sector

INTRODUCTION

We are pleased to present our "Year in review" for 2017, a Clyde & Co guide which sets out legal 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 2018. We hope that our guide will be a valuable reference in helping you respond to and understand legal and industry developments and how they will affect your business in 2018.

2017 - THE HEADLINES

JANUARY

UK The Court of Appeal holds that applying extensions of time contiguously remains the correct approach, despite acknowledging the potentially unfair results in certain circumstances.

Canada The Ontario Superior Court of Justice holds that construction liens do not attach to land with diplomatic immunity.

Canada The Manitoba Court of Queen's Bench finds that the Canadian Revenue Agency has priority over sub-contractors and bonding companies with respect to holdback funds held by the owner in trust for the contractor.

Australia The High Court of Australia considers the New South Wales security of payment legislation for the first time, finding that the existence of a reference date is an essential precondition to making a payment claim and that payment claims do not generally accrue following termination.

Australia The Supreme Court of Western Australia provides clear procedures for parties to make applications in relation to arbitration agreements or proceedings by introducing the Supreme Court (Arbitration) Rules 2016 (WA) (Arbitration Rules).

Tanzania Electricity project in the pipeline.

FEBRUARY

Hong Kong The Hong Kong Court upholds enforcement of an ICC award, reinforcing its pro-arbitration stance.

Australia The Commonwealth of Australia Parliament makes changes to national building legislation relating to the requirements which must be met by parties bidding for Commonwealth funded building work.

Tanzania Signs MoU on railway project.

MARCH

UK The Technology and Construction Court (TCC) provides insight into the NEC obligation to act in a spirit of mutual trust and cooperation.

UK Theresa May formally invokes Article 50 and starts the Brexit process.

Canada The Canadian Government published its budget for 2017 revealing that the Government and Infrastructure Bank will work to produce a big data bank of information relating to the infrastructure industry.

US U.S. infrastructure receives a near-failing grade of D-plus from a leading engineering association, adding further...