ARTICLE
18 June 2026

Resilient Infrastructure: When Infrastructure Breaks Down

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Herbert Smith Freehills Kramer LLP

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Infrastructure failures are rarely simple. When failure occurs, attention shifts from anticipating risk to managing consequences. It is that response which shapes legal exposure, stakeholder outcomes and speed of recovery. 
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Infrastructure failures are rarely simple. When failure occurs, attention shifts from anticipating risk to managing consequences. It is that response which shapes legal exposure, stakeholder outcomes and speed of recovery. 

Stabilise the situation

Immediately following an infrastructure failure, the priority is stabilising the situation. One of the first challenges will be handling the grievances of those claiming to be impacted, which are often amplified by the media.

As UK-based head of construction disputes James Doe explains, early finger-pointing is counterproductive. “It shuts everyone down,” he says. “You don’t solve the problem, you just exacerbate the problem. That will only increase losses.”

Instead, organisations must move quickly to manage public and stakeholder communications, acknowledge uncertainty and focus on restoring services. A clear message that the cause is under investigation and resolving the issue is a priority can help contain reputational damage and avoid triggering political or public authority escalation.

At the same time, operators should cooperate fully with independent investigations and take a disciplined, transparent approach. This includes preserving evidence, engaging experts early and establishing a structured response that integrates legal, technical and communications advice.

Clear engagement with relevant public authorities early on is vital, including regulators where operational permissions are at risk. “If the regulator is unhappy with you, there is the risk you might lose the right to operate,” Doe warns. “Public pressure on the regulator will increase if you don’t manage the situation properly.”

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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