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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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
Cyber Update: Byte-Sized Regular Updates on Cyber Liability Issues
May 2015In our regular update on cyber liability issues, we look at: an insurer fined by the ICO for loss of customer data; ABI’s belief that cyber insurance will be ubiquitous by 2025; CII’s data protection guide; ICC’s cyber security advice; a speech on cyber insurance by the Bank of England; and an update to BIS’s… Read More >
Administration of P.C.Harrington Contractors Limited
May 2015According to press reports, specialist concrete contractor P.C. Harrington Contractors Limited has gone into administration. Administration is the procedure by which a company that is, or is likely to become, insolvent can be reorganised or have its assets realised for the benefit of creditors. To read more please click the link below
Reports from the courts April 2015
April 2015Andrew Croft and Simi Sivapalan of Beale & Company report on the recent court cases of most interest to construction, including one with implications for novation; and a ruling that underlines the difficulty of challenging an adjudicator’s jurisdiction on the grounds that a dispute has not crystallised. This article was first published by Construction Law… Read More >
When is a delay so inordinate and inexcusable that the balance of justice favours striking out a claim?
April 2015A recent decision of the newly-established Court of Appeal, in Tom Tanner v Aidan O’Donovan and Elaine O’Donovan trading as Construction Design Studio and Timothy P Murphy has confirmed the approach that will be adopted by Irish Courts when determining when a Defendant is entitled to have proceedings that have been issued against them struck… Read More >
MW High Tech Projects UK Ltd v Haase Environmental Consulting GmbH [2015]
April 2015Consultant may be liable for non-negligent breach of strict obligations in an appointment notwithstanding that they are subject to an over-arching obligation to use “reasonable skill and care” In this case, the court had to consider the terms of an appointment which required the consultant to use reasonable skill and care on the one hand,… Read More >