Articles

Public sector work for SMEs: Ajar but not open

The government is taking steps to make public sector work more accessible to SMEs. But there’s a lot more to do – especially on procurement and ensuring prompt payment. We discuss more in our article here, first published in Building Magazine in March 2014.

Danger of overwide liability limits

Tom Pemberton and Ibaad Hakim of Beale & Company analyse a case that should be closely studied by drafters of clauses relating to liability and risk allocation in construction contracts. Widely drafted limits on liability might not find favour in the courts.

Reports from the Courts – March 2014

In the latest review of the recent court cases of most interest to construction Will Buckby and Andrew Croft of Beale & Company report on an appeal court decision that turned on whether a surveyor or contractor should be responsible for assessing suitability of properties for insulation; and on a Scottish decision with implications for… Read More >

Perseverance pays – January/February 2014

Pasquale Pisanelli and Will Buckby of Beale & Company analyse a judgment that gives rare guidance on whether costs incurred in enforcing an arbitration award by serving enforcement proceedings on a party outside of the jurisdiction can be recovered.

Reports from the Courts – January/February 2014

In this review of the recent court cases of most interest to construction Will Buckby and Andrew Croft of Beale & Company focus on a case which turned on whether a beneficiary of a bond can call on the bond by virtue of its own breach of contract; and on a dispute where the judge… Read More >

Salaried Members of LLPs – One Month to Tax Deadline

HMRC has issued updated guidance on the new tax rules for salaried members of limited liability partnerships (LLPs) that will apply from 6 April 2014. As we have been reporting since March last year, the changes will have a significant impact on construction professionals operating as LLPs. In this article James Hutchinson discusses the actions… Read More >

TCC considers limitation for tort claims against subcontractors and sub-consultants and when an implied trust may be created

In the recent judgment in Co-operative Group Limited v Birse Developments Limited, Stuarts Industrial Flooring Limited, Jubb & Partners and Geofirma Soils Engineering Limited, Stuart-Smith J considered when limitation begins to run for claims in tort against a sub-consultant as a result of defective works under the main contract and when a prohibited assignment without… Read More >

Architects Newsletter February 2014

In this first newsletter we give you short and informative snapshots of key legal considerations to have in mind when negotiating your appointments and carrying out your architectural services. We also give our take on developments and opportunities for the architectural profession generally, including those arising from the RIBA Plan of Work, BIM, operating in… Read More >

Extensions of time for service of proceedings – statement of intent from the TCC

New investment in Highways Network

On the 10th February the government announced their intention to spend more than £25bn from now until 2021 on improving the nation’s road network. In this article Will Buckby and Andrew Croft of Beale & Company review the proposed investment and possible implications for firms working in the highways sector.