News & Analysis as of

Exceptional Events Rule (EER)

White & Case LLP

Short Form Revamp: the 2021 FIDIC Green Book

White & Case LLP on

In December 2021, at the online International Contract Users Conference, the Fédération Internationale Des Ingénieurs-Conseils1 ("FIDIC") launched its Second Edition of the Conditions of the Short Form Contract (the "Green...more

Foley Hoag LLP - Environmental Law

PM2.5 Emissions From Wildfires -- No Longer So Exceptional!

Last week, the Clean Air Scientific Advisory Committee formally transmitted its recommendations to EPA Administrator Regan regarding the PM2.5 NAAQS. Consistent with trade press reporting over the past few months, the...more

Snell & Wilmer

Ninth Circuit Court of Appeals Hands EPA and Arizona a Victory

Snell & Wilmer on

On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) of the United...more

Sheppard Mullin Richter & Hampton LLP

Practical Considerations under FIDIC Contracts in Light of COVID-19

The outbreak of the coronavirus has been an unprecedented event affecting every industry, including construction. To ensure their entitlement to an extension of time, costs, or even termination, parties to construction...more

Akin Gump Strauss Hauer & Feld LLP

The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?

International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Exceptional Events/Clean Air Act: Federal Appellate Court Addresses Challenge to Approval of Colorado SIP

The Tenth Circuit Court of Appeals (“10th Circuit”) addressed in a July 24th opinion a challenge to the United States Environmental Protection Agency (“EPA”)approval of a Colorado State Implementation Plan (“SIP”). See...more

Snell & Wilmer

Patience and Perseverance Paves the Way for Air-izona

Snell & Wilmer on

John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.” This is certainly apropos for Arizona in light of recent federal actions...more

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