The Kingdom of Saudi Arabia
Construction and energy law expertise
Fenwick Elliott is delighted to report that it is in the process of applying for a license to permit it as a leading international law firm to practise in Saudi Arabia under the name “Fenwick Elliott Saudi Arabia”.
If the licensing process is successful this new firm will be able to draw on the expertise of the leading constriction lawyers from both Fenwick Elliott and its former alliance partner Hammad & Al Mehdar. The new firm will be the only international specialist construction law firm licensed to operate in the Kingdom
Both Fenwick Elliott and Hammad & Al-Mehdar have been providing first-class legal services for over 33 years and share the same values of wishing to achieve steady growth in specific market areas whilst maintaining an exceptional level of service.
Vision 2030 presents a great opportunity for us to play an active role in supporting one of the largest and most ambitious plans of exemplary construction, infrastructure and energy projects ever undertaken on a global stage, to position the Kingdom as a leading nation in all aspects for future economic growth. Our aim is to work with the Kingdom’s leading regional and international entities involved in constructing the future icons and landmarks across the Kingdom – which is at the heart of the Arab and Islamic worlds, to assist the Kingdom in becoming a global hub connecting the three continents of Africa, Asia and Europe.
The creation of the new firm Fenwick Elliott Saudi Arabia will (if the license process is successful) allow us to provide the Kingdom’s market with expert knowledge of local laws and procedures, as well as renowned international expertise in construction and energy law.
The combination of high-profile international construction and energy lawyers from Fenwick Elliott working alongside Hammad & Al-Mehdar – one of the largest and oldest legal institutions in Saudi Arabia – will offer clients access to a unique level of local and focused construction and energy law advice, to meet the increasingly complex nature of projects in the Kingdom.
Our aim by providing top level expertise to our clients that tackle complex legal issues, is to enable all our clients to remain focused on their core businesses while having the peace of mind that their legal issues are being handled by the best-in-class lawyers.
The new firm Fenwick Elliott Saudi Arabia will leverage the international expertise of Fenwick Elliott and Hammad & Al-Mehdar’s local expertise to deliver unparalleled value in the Kingdom of Saudi Arabia’s construction and energy market.
Examples of Fenwick Elliott’s work in the Kingdom of Saudi Arabia
Riyadh Metro project
Acting for the civil works contractor (including two of the largest names in construction) responsible for the design and build of two of the Riyadh Metro lines. Disputes concern issues of design and delay and disruption over 4 subcontracts governed by KSA law.
Jazan IGCC Project
Advising a piling subcontractor on a dispute in relation to Package 1 of the Jazan IGCC Project.
Power station and desalination plant project
Advising a Korean contractor on the construction of a power and desalination plant in Saudi Arabia.
Jubail Export Refinery
Advising Samsung in relation to disputes with the Employer at the integrated Petroleum Refinery and Petrochemical Complex of Jubail. There are two EPC contracts both worth in excess of US$250 million.
Reverse osmosis plant
Advising EPC contractor on the resolution of disputes over delays and liquidated damages (ICC Arbitration) with the owner and operator of a new RO Plant.
Acting for a KSA company in a DIAC arbitration against a UAE contractor in connection with disputes arising from the construction of the largest cables factory in the Middle East.
Concrete supply contracts
Negotiating back to back bespoke contracts for the supply of concrete to a major infrastructure project through a dedicated site concrete plant, and the supply and installation of the plant. Advising throughout the build on delay caused by planning and civils works, deductions of liquidated damages, when completion occurred, whether to give early take-over subject to defects and the final account. Providing ongoing advice relating to delays to concrete production, responsibility for alleged defects, contra-charges and application of liquidated damages.
Contracts advice for processing plants
Advising on procurement strategy, interface risk and project specific risks on numerous development projects, at quarries and cement, concrete and asphalt plants, involving contracts for plant supply/ installation, civils, building works, demolition and consultancy services.
Materials dispute for major infrastructure project
Settling a US$40 million defect and delay claim arising out of delays to the supply of materials for a high profile rail infrastructure project, on behalf of the supplier, for less than 10% of the original claim, before proceedings were issued.
Enforcing foreign arbitral awards in Saudi Arabia: winds of change?
By Toby Randle, Partner, and Aleem O. Shahid, Senior Associate, Fenwick Elliott
New Government Tendering and Procurement Law for Saudi Arabia
By Stephanie Panzic, Fenwick Elliott
Snapshot of Construction Law Issues in Saudi Arabia
By Toby Randle, Partner, and Rebecca Penney, Senior Associate, Fenwick Elliott
International Quarterly Issue 26, 2019
This edition features articles on the relationship between AI & construction law, the new FIDIC Emerald Book for tunnelling contracts, taking over under the 2017 FIDIC Rainbow Suite, enforcing foreign arbitral awards in Saudi Arabia, liability of parent companies domiciled in England for activities of overseas subsidiaries and the ICC Emergency Arbitrator scheme.
download (PDF 7.2MB) Issue 26
International Quarterly Issue 27, 2019
This edition features articles about the Singapore Mediation Convention, practical advice about serving proper claims notices, the application of BIM under the FIDIC Form of Contract, whether the Prague Rules might result in a more time and cost-effective form of international arbitration & a snapshot of the legal issues you typically find in the Kingdom of Saudi Arabia.
download (PDF 4MB) Issue 27
This edition provides practical advice with regards to COVID-19 on international construction projects and contracts. We also look at a recent case which reviewed termination and unforeseeable ground conditions under the FIDIC contract, as well as discussing different approaches to without prejudice correspondence during adjudication and other disputes.
The links to these articles are below
This edition looks at the new Information Protocol for use when working with BS EN ISO 19650 on BIM-enabled projects. We also review two international arbitration cases, about whether a claimant was entitled to recover costs following an arbitrator’s withdrawal from an arbitration and the duties owed by an expert to their client. Finally, we look at how the ongoing COVID-19 pandemic is being dealt with on projects in India and Singapore.
We look forward to announcing details of future HMFE events in due course.