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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Reports from the courts – March 2013
March 2013Our regular round up of the court decisions of most interest to construction from Will Buckby and Ibaad Hakim of Beale and Company focuses on a case concerning liability for the failure of an under designed platform; and another where an adjudicator changed his mind.
PF2 – A new beginning for PFI?
March 2013Tom Pemberton and Pasquale Pisanelli of Beale and Company outline reforms to the private finance initiative, PF2, that are hoped to generate increased infrastructure investment. Although the new regime is in use for school building, doubts remain whether they will attract investment funds.
Alliancing Arrangements
February 2013In December 2012, Thames Water announced that a significant proportion of its AMP 6 programme (between 2015-2020) will be delivered under alliancing agreements. This appears to be part of a general trend towards the use of alliancing agreements with Network Rail, National Grid and a number of public bodies procuring infrastructure projects using the alliancing… Read More >
Level 2 BIM Projects – a new suite of documents published, including the CIC BIM Protocol, drafted by Beale and Company
February 2013The BIM Task Group, the Construction Industry Council (CIC) and the BSI, has published a new suite of documents for use on Level 2 BIM Projects, including the CIC BIM Protocol (the Protocol), drafted by Beale and Company, which contains additional contractual provisions to facilitate the use of Level 2 BIM and to allocate some… Read More >
A departure from SAAMCO? John Grimes Partnership Ltd v Gubbins
February 2013The Court of Appeal gave judgment on 5 February 2013 in the case of John Grimes Partnership Ltd v Gubbins. The decision will immediately raise an eyebrow as it has allowed the fall in the property market to be recovered from a Consulting Engineer. So how does that square with SAAMCO where Insurers for Surveyors… Read More >
Progress made in addressing the pyrite problem
February 2013On 21st December 2012, the Minister for the Environment, Community and Local Government announced the establishment of a Pyrite Resolution Board to oversee the implementation of a comprehensive remediation scheme for approximately 12,500 private dwellings affected by pyrite heave in Ireland. This article gives an update on the current status of this board.
A likely story
February 2013The Court of Appeal considered recently – in John Grimes Partnership Ltd vs Gubbins – whether consulting engineers were liable for a fall in the market value of a development. The decision boiled down to whether that loss was ‘not unlikely’.
Implications of refusal to mediate
February 2013As required by the Court of Appeal in Dunnett v Railtrack Plc it is necessary for lawyers and litigants to consider ADR. Failure to do so may result in a costs penalty at court. In Hurst v Leeming the High Court suggested that a refusal to mediate would be justified only in exceptional circumstances.
Update on potential changes to TUPE – January 2013
February 2013The Government is determined (they say) to remove unnecessary gold-plating and over regulation and is proposing amendments to be made to the Transfer of undertakings (Protection of Employment) Regulations 2006. A particular target are Service Provision Changes which it seems are being earmarked for repeal. Consultation has just been launched on 17 January 2013.
Beale and Company Legal Review of 2012
January 2013Beale and Company's Legal Review of 2012 focuses on the significant court cases in 2012 in the fields of professional liability and construction. An electronic copy of the review can be found at the end of this page. We hope you will find it informative and if you would like to discuss any of the issues covered please contact us… Read More >