Construction and Infrastructure partner Tim Healey, senior associate Xavier Milne and knowledge counsel, Noe Minamikata and Becky Johnson have authored an expert analysis chapter in the latest edition of The International Comparative Legal Guide's Construction & Engineering Law 2025.
Their chapter "New Technology Projects and Construction Disputes" considers some of the challenges associated with the procurement of new technology projects and explores disputes that might arise in relation to them.
Overview
Technologies are advancing rapidly, especially those supporting the energy transition and circular economies. New solutions are increasingly used across sectors—for example, in carbon capture, sustainable aviation fuel, and power-to-x or waste-to-x processes. The chosen technology is key to project performance and overall success.
While integrating technology into facility design isn’t new, challenges arise when it involves ‘first of a kind’ (FOAK) elements—whether innovative, scaled-up, or lacking a proven track record. These technologies offer potential upside and first-mover advantages but also carry operational risks.
Procuring such technologies requires careful contractual planning, particularly in project finance or risk-sharing contexts. Clear risk allocation and early decisions on integrating the technology package into the project structure are essential. This chapter first addresses procurement challenges, then explores potential related disputes.
As with previous editions, this guide also provides insights into how different legal systems approach common issues encountered on construction and engineering projects, covering 21 jurisdictions in a Q&A style.
Click here to read the expert analysis chapter and here to access the full online edition.
For further information, please contact Tim Healey, Xavier Milne, Noe Minamikata, Becky Johnson, or your usual Herbert Smith Freehills Kramer contact.
Key contacts
Tim Healey
Partner, London
Xavier Milne
Senior Associate (Australia), London and Africa Group
Noe Minamikata
Knowledge Counsel, London
Becky Johnson
Knowledge Counsel, London
Disclaimer
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