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ARTICLE · 18 AUGUST 2025

Construction & Engineering Laws and Regulations: New Technology Projects And Construction Disputes 2025

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Technologies are evolving rapidly, with continued focus on those that support the energy transition and shift towards circular economies.

United KingdomReal Estate and Construction

1. Overview

Technologies are evolving rapidly, with continued focus on those that support the energy transition and shift towards circular economies. New technologies are increasingly deployed across projects in multiple sectors, for example, in carbon capture and utilisation, production of sustainable aviation fuel and other power-to-x or waste-to-x processes. The selected technology will be central to determining overall levels of performance and therefore critical to success.

Incorporating technology into the design and construction of facilities is not new – for example, this has been a staple of refinery facilities for many years. However, there are different challenges where it is nascent or involves 'first of a kind' (FOAK) elements, whether it is innovative, newly modified, deployed at a materially increased scale or otherwise lacking maturity or track record. Whilst the use of new technology offers investors potential upside and first-mover advantages,

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