Projects, Construction & Infrastructure updates
Austria
Contributed by SchoenherrThe time has come: Federal Procurement Act 2018 just around the corner
- Austria
- 12 June 2018
More than four years after the entry into force of the new EU Public Procurement Directive, more than two years after the deadline for transposition and more than one year after publication of the first transposition draft, the time has come. Following the resolutions of the Council of Ministers and the Federal Council, it can be assumed that the Federal Procurement Act 2018 will enter into force by July 2018.
Imminent implementation of public procurement directives
- Austria
- 21 March 2017
Almost one year after the two-year transition period of the EU directives on public procurement law expired, Austria published a consultation draft of the new Federal Procurement Act 2017 to implement the directives. While Austria took a somewhat conservative approach when implementing the directives, there are some areas where the Austrian draft for the transposition of the directives is significantly stricter than the directives themselves.
Court rules on rights in environmental impact assessment
- Austria
- 17 January 2017
The Federal Administrative Court recently addressed whether the party to a winning project in a conflict procedure was entitled to claim rights in the environmental impact assessment for the inferior project. The court ruled that, on the one hand, the legal standing of a party in a conflict procedure is not strictly restricted to that procedure. On the other hand, the court found that being party to a conflict procedure does not guarantee unlimited legal standing in the approval procedure of the other project.
Procurement thresholds increased until 2018
- Austria
- 08 November 2016
The regulation increasing the Procurement Act's thresholds has been extended for a further two years. Thus, contracting public authorities can continue to benefit from the significantly wider application of the direct award procedure and the so-called 'restricted procedure without prior publication' until 2018. However, contracting authorities should be aware that the Treaty on the Functioning of the European Union may still require an ex ante notice for contracts of a certain cross-border interest.
Austria fails to implement new procurement directives in time
- Austria
- 03 May 2016
The two-year transition period for implementing the new EU directives on public procurement recently lapsed. While the majority of member states have at least partially implemented the directives, Austria has yet to pass draft legislation transposing any of them. However, despite this, the directives (at least in significant parts) already apply in Austria and individuals can – either directly or indirectly – rely on the majority of the provisions therein.
Belgium
District cells' social fraud inspection audits focus on construction sector
ALTIUS- Belgium
- 14 December 2020
The COVID-19 pandemic has not prevented the Social Information and Investigation Service from proceeding with its inspection audits concerning illegal employment and social fraud. The available (provisional) data reveals that the construction sector has remained a highly targeted sector. This article highlights some interesting recent findings.
European Union
Public procurement not immune to COVID-19
Schoenherr- European Union
- 22 March 2021
The COVID-19 pandemic has infected public procurement, creating new challenges for companies and public purchasers. At least in the short term, exemptions have become the rule, procurement procedures have gone almost completely electronic and new contracts have had to be 'COVID-19 secured'. Some of these measures have an expiry date, but others will likely remain. The longer that some of these measures persist, the more susceptible the system will be to corruption.
International
Tell us what you think and you could win a £100 Mastercard voucher
International Law Office- International
- 07 April 2021
This survey is now closed.
The 2021 ICC Arbitration Rules – what revised joinder and consolidation rules mean for construction disputes
LALIVE- International
- 15 March 2021
The most notable change in the new 2021 International Chamber of Commerce (ICC) Arbitration Rules, which are applicable to all ICC arbitrations initiated from 1 January 2021, is to make it easier to join an additional party to a pending arbitration. This article discusses why the recent changes are relevant for construction arbitration.
COVID-19 Weekly Report (18-24 May 2020)
International Law Office- International
- 25 May 2020
The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.
COVID-19 Weekly Report (11-17 May 2020)
International Law Office- International
- 19 May 2020
The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.
COVID-19 Weekly Report (4-10 May 2020)
International Law Office- International
- 12 May 2020
The impact of COVID-19 is being felt in almost every work area across the globe. In order to keep readers abreast of this evolving situation, ILO's COVID-19 Weekly Report provides insight into the major legal developments of the past seven days, as well as a round-up of our panel of experienced international legal commentators' legislative and regulatory guidance.
Jersey
Contributed by OgierOpen dialogue needed to avoid COVID-19 construction disputes
- Jersey
- 19 October 2020
The potential for disputes in construction projects has risen sharply with the performance and enforcement of contracts directly affected by COVID-19. An open and frank dialogue early on between the parties steered as a form of informal mediation or collaboration can quickly put an end to frustrations and disputes and lead the way for a successful, more cost-effective solution to any dispute that may arise.
