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2022 predictions: what’s on the horizon for construction?
Shoosmiths LLP, January 2022

As the pandemic persists and the disruption of the previous two years continues to impact projects, the construction industry faces a continued period of uncertainty in 2022. Further disruption The pandemic and issues around the availability of materials may continue to disrupt projects into 2022 leading to higher costs and further delays...

Gap Analysis
Shoosmiths LLP, January 2022

The Land Registry is the gatekeeper of legal ownership of land in England and Wales. A prompt and successful application for registration is an essential step at the end of most property transactions. In this article we will look at why registration of property transactions is important and the consequences of delays in the process. We will highlight common difficulties and barriers to registration and provide practical advice to overcome them...

New Year, new town centres? Spotlight on the UK’s South Coast
Shoosmiths LLP, January 2022

A hot topic on many local authority agendas for this year will be the regeneration of their town centres. The way we shop, eat and work is ever changing, and our town centres need to be ready to accommodate a more diverse and flexible way of life. A lifestyle not necessarily brought on by, but certainly expedited by the COVID-19 pandemic...

Follow the Money: Rolling Out the New Shared Ownership Lease in 2022
Shoosmiths LLP, January 2022

Almost one year into the new funding round for English affordable housing, we consider how the new Homes England shared ownership lease may affect living sector stakeholders. What’s happened to shared ownership leases? April 2021 heralded a major change to shared ownership (‘SO’) leases in England. Following a consultation process, Homes England released a new suite of model SO leases...

Cambodia: New Prakas on Formalities of Certification Work of Architectural Design and Structural Design
DFDL, January 2022

The Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) issued a new Prakas No. 109 on 22 November 2021 on the Formalities for Certification Work of Architectural Design and Structural Design (“Prakas 109”). The purpose of this Prakas 109 is to regulate the formalities of inspection and certification works in order to implement the Sub-Decree No...

Year in Review 2021: Intellectual Property Rights
Simonsen Vogt Wiig AS, January 2022

Media DNS-blocking of gaming sites proposal The Ministry of Culture submitted a proposal on 21 September 2021, which seeks to give the Norwegian Gambling Authority cause to force ISPs to enforce DNS blocking of unlicensed gaming sites that market their services to Norwegian players...

Year in review 2021: Real Estate Law
Simonsen Vogt Wiig AS, December 2021

The first half of 2021 was marked by the highest level of commercial real estate transactions ever. The latest reports and statistics show that this trend has continued in the last six months, and the total transaction volume is likely to exceed NOK 130-150 billion. This surpasses the record year of 2015, when the total transaction volume for commercial real estate was NOK 129 billion. The pandemic caused increased use of home office...

The New Homes Quality Code
Shoosmiths LLP, December 2021

The New Homes Quality Code has been published and this article sets out some initial aspects for housebuilders to consider. After a consultation process lasting almost five years, the New Homes Quality Code (the Code) and Developer Guidance were published by the New Homes Quality Board (NHQB) on 17 December 2021. The Code will replace the current Consumer Code for Home Builders and will apply across the UK for the benefit of purchasers buying new build homes for their own occupation...

Board Rules Contractor Entitled to Additional Costs After Government Unreasonably Refuses to Accept Equivalent Substitute
Bradley Arant Boult Cummings LLP, December 2021

In Appeal of Carothers Constr., Inc., the Armed Services Board of Contract Appeals (the “Board”) rejected the Government’s reliance on strict compliance with the material specifications for a 2 1/2″ thick roof deck product when the contractor proved the substitute 2″ thick roof deck was equivalent...

North Carolina Muddies the Water on the Economic Loss Doctrine
Bradley Arant Boult Cummings LLP, December 2021

A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later breach of contract remedy prove insufficient, and further recovery barred by the economic loss doctrine...

Retainage – Pay Attention, Mistakes Can be Very Costly
Bradley Arant Boult Cummings LLP, December 2021

Legislation about retainage has become common place as many states have adopted different limitations, requirements, and schemes.  A recent case in Tennessee is a good reminder that you must pay attention to all of the relevant state’s requirements. Failure to do so can be costly.  In Snake Steel, Inc. v. Holladay Construction Group, LLC, the Tennessee Supreme Court recently addressed Tennessee's retainage requirements...

OSHA Moves to Implement Large Employer ETS by January 10, 2022, After Sixth Circuit Lifts Stay
Schwabe, Williamson & Wyatt, December 2021

In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace...

OP-ED: Contractors Should Prepare for Additional Changes to Buy American Act
Schwabe, Williamson & Wyatt, December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects...

OP-ED: Contractors Should Prepare for Additional Changes to Buy American Act
Schwabe, Williamson & Wyatt, December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects...

Treasury Update Regarding Guidelines on Use of CARES Act Funds
Schwabe, Williamson & Wyatt, December 2021

On December 14, 2021, Treasury issued an important update to its guidance on use of ‎CARES Act funds. Currently, there is a deadline of December 31, 2021 to spend CARES Act ‎funds on eligible expenses. While Congress is considering legislation that would extend that ‎deadline to December 31, 2022, there is no assurance that legislation will pass...

Safer Federal Workforce Publishes Update Regarding Court Injunctions Against Federal Contractor Vaccine Mandate
Schwabe, Williamson & Wyatt, December 2021

On December 9, 2021, the Safer Federal Workforce Task Force issued a new statement regarding the court orders enjoining implementation of the federal contractor vaccine mandate...

Pennsylvania Releases New Recovery Home Licensure Regulations
Dinsmore & Shohl LLP, December 2021

On Dec. 11, 2021, The Pennsylvania Department of Drug and Alcohol Programs will issue final regulations launching a new licensure and certification process for drug and recovery homes doing business in the Commonwealth of Pennsylvania. Each individual drug and recovery home operating in Pennsylvania must obtain a license and demonstrate compliance with the final regulations within 180 days of their issuance...

The Legal 500: 5th Edition Real Estate Comparative Guide – Thailand
Kudun and Partners, December 2021

In collaboration with the Legal 500, we are once again selected as the exclusive contributor for the 5th edition of Thailand’s Real Estate Comparative Guide, published on December 2021...

The Legal 500: Thailand Real Estate Country Comparative Guide 2021
Kudun and Partners, December 2021

The aim of this guide is to provide its readers with a pragmatic overview of the law and practice of real estate law in Thailand. This guide provides information about the current issues affecting real estate in Thailand and addresses topics such as ownership proof, due diligence, taxes, planning and zoning restrictions, mortgages and environmental contamination as well as insight and opinion on the most common issues in their respective country...

Kudun and Partners represents the Erawan Group PLC on its divestiture of Renaissance Koh Samui Resort and Spa and Ibis Samui Bophut Hotel for a total value of approximately THB 925 million
Kudun and Partners, December 2021

Kudun and Partners represented The Erawan Group Public Company Limited (SET:ERW), one of the most renowned and longest-standing SET-listed real estate developers in Thailand, on its divestiture of the Renaissance Koh Samui Resort and Spa and Ibis Samui Bophut Hotel to Infinity Hospitality Holding Company Limited and Infinity North Samui Co., Ltd...

The Practical Steps that Businesses Should Take in Readiness for Freeports
Shoosmiths LLP, December 2021

Experts from Shoosmiths and BDO recently led a panel discussion regarding the upcoming introduction of Solent’s Freeport. Shoosmiths’ Kirsten Hewson (head of real estate), Stephen Porter (head of corporate) and Solent office head Paula Swain (also a board member of the Solent Freeport Consortium & Solent LEP) discussed the upcoming development. Also on the panel were Cllr...

Legal and Business Considerations When Developing Retail Space for Senior Care Facilities
Bradley Arant Boult Cummings LLP, December 2021

Repurposing existing real estate is a common occurrence. Less common, but expanding, are the innovative solutions beginning to occur to address empty real estate — particularly shopping malls — as in-store purchases become less common in the age of the internet and Amazon deliveries. There have been some noteworthy conversions of large retail space into health care facilities. One such successful example is the Vanderbilt Medical Center in Nashville, Tenn...

Unlocking Access to Town Centre Property
Shoosmiths LLP, December 2021

Across the UK, local people are creating businesses that could revitalise town centres – repair and sharing spaces, community bakeries, climate action hubs, genuinely affordable housing – services that develop critical social, economic and climate resilient infrastructure. But a major barrier to their success is the lack of access to affordable, secure, long-term land and property...

Spotlight On…Birmingham
Shoosmiths LLP, November 2021

Birmingham is often described as the UK’s ‘second city’ and is the social, cultural and commercial centre of the Midlands...

Spotlight On...Milton Keynes (wartime code breaking to exciting growth as a vibrant new city)
Shoosmiths LLP, November 2021

Milton Keynes, the New Town famous for its grid system, roundabouts and concrete cows is every bit the planner’s dream. Fifty-five years after its foundation and bidding for city status in the Queen’s platinum jubilee year, Milton Keynes has come of age...

 

 

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