Articles
Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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Construction (Design & Management) Regulations 2015 Frequently Asked Questions
June 2015The Construction (Design and Management) Regulations 2015 (“CDM 2015”) came into force on 6 April 2015. CDM 2015 makes some significant changes, including the requirement for a new role of “principal designer”. We have received a number of common queries in relation to these changes and these FAQs set out our responses to some of… Read More >
Applications to Amend: Grounds for Resistance
June 2015Guidance on whether amendments to Particulars of Claim will be permitted by the court has recently been provided by Mr Justice Coulson in CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd and Others. To read more please click on the link below.
Disclosure of procurement documents when challenging the procedure adopted
June 2015When challenging a procurement procedure, a claiming party should seek all relevant documents including the guidance and instructions to evaluators and the score sheets. Where such documents do not exist, as in the recent decision of Coulson J in Geodesign Barriers Ltd v The Environment Agency [2015] EWHC 1121 (TCC), an argument that a procurement… Read More >
Simon Cockell v Martin Holton – Relief for sanctions denied
June 2015In the recent case of Simon Cockell v (t/a Cockell Building Services) v Martin Holton (No 2) [2015] EWHC 1117 (TCC), Edwards-Stuart J gave further evidence of the court’s attitude to applications for relief from sanctions. The decision was also a reminder of the safety net defence of defects in the work up to the… Read More >
Reports from the courts
May 2015Our review of the recent court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company includes a decision that backed an adjudicator’s award and an amended award; and one that highlights the need to take special care with contracts that contain both a strict obligation as well as… Read More >
Know Your Limits!
May 2015Consultants have a duty to exercise reasonable skill and care. But is there any clarity as to how far they need to go as not to land up in deep water? In Sheena Sood’s latest article for Building Magazine, she discusses the requirements for reasonable skill and care for professionals. This article first appeared in… Read More >
Defending adjudications in practice – 20 things to think about
May 2015We have recently seen an upturn in the number of claims being made in adjudication. Our experience is that one factor that can have a significant effect on the outcome of an adjudication is the level of understanding and engagement of the delivery team for the project out of which the claim arose – the… Read More >
Beale & Company Middle East Expertise
May 2015In recent years, many of our clients have focussed on the Middle East as part of their international development strategies. The rapid growth, particularly in Dubai, Abu Dhabi, Saudi and Qatar, has provided extensive opportunities for local and overseas contractors, consultants and developers as well as insurance providers active in the region. Recognising the need… Read More >
BIM – Sharing Practical Experience
May 2015It is now four years since the Government announced its strategy to use BIM on all centrally procured projects by 2016 and less than one year until it becomes a reality. In preparation for that reality, we recently invited representatives from all sides of the industry to hold a roundtable under Chatham House Rules to… Read More >
Court of Appeal over-rules first instance judgment in case of MT Højgaard A/S v E.ON Climate and Renewables UK Robin
May 2015Construction contract terms requiring fitness for purpose and a 20 year design life were not to be construed strictly in the context of the contract as a whole. To read more please click on the link below