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.

Article Search
Archives: Articles
Simon Cockell v Martin Holton – Relief for sanctions denied

In 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

Our 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!

Consultants 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

We 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

In 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

It 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

Construction 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

In 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

According 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

Andrew 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 >