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 – June 2013
June 2013Our regular look at the court cases of most interest to construction from Will Buckby and Andrew Croft of Beale & Company focuses on an appeal court reversal of a high court ruling on a case turning on ‘good faith’; and another showing the difficulties of recovering money from employers when contractors are insolvent.
Repudiatory breach – Once more unto the breach
June 2013A repudiatory breach by the other side allows you to terminate a contract. But you will need to be sure it is such a breach if you don’t want the courts to put you right.
CIOB Complex Projects Contract 2013
May 2013The Chartered Institute of Building has, following consultations held in 2012, launched its Complex Projects Contract 2013. The contract is intended for complex projects, in the UK or internationally, which have certain features. This article outlines some of the salient features of the CPC 2013 and its approach to dispute resolution.
Quarterly Case Review – May 2013
May 2013There have been some interesting cases over the last few months which are of particular significance to insurers and their insureds who are in the construction and professional practices sectors. For example net contribution clauses being put under the spotlight, consideration of the SAAMCO principle, legal advice privilege and a claim for breach of trust.… Read More >
Contractual Limitation Periods – Making sure the time is right
May 2013Construction contracts commonly include clauses which aim to extend, shorten or preserve the statutory limitation period. Case law in respect of such clauses demonstrates that their effect is less than clear-cut. This underlines the need to carefully consider the applicable limitation period when negotiating and drafting a contract, in order that the position is clear… Read More >
Construction Quarterly Case Review – May 2013
May 2013There have been some interesting cases over the last few months which are of particular significance to the construction sector. For example net contribution clauses being put under the spotlight, consideration of the SAAMCO principle and a clause imposing an obligation of good faith. The team at Beale and Company have summarised these recent cases… Read More >
New Rules in relation to Disclosure
May 2013A raft of new civil procedure rules took effect on 1 April 2013 following the Jackson Report in an attempt to reduce the cost of litigation. The changes include new rules in relation to disclosure, which are summarised in this article.
Reports from the courts – May 2013
May 2013In our regular round up of the court judgments of most interest to construction from Will Buckby and Andrew Croft of Beale & Company the TCC agrees with a Disputes Review Board decision in rejecting an appeal; and one where the judge recommended an extension of adjudication to contractsinvolving residential occupiers.
RIBA Plan of Work 2013 – A Step Forward for a 50 year old institution
May 2013On 21 May 2013 the RIBA Plan of Work 2013 (“2013 Plan of Work”) was published. This is a substantial overhaul of the RIBA Plan of Work, which was first published in 1963 and has since underpinned the way in which the design process is structured across the construction industry. It is a big step… Read More >
(Pot)holes in the Highways Agency’s MAC Contract?
April 2013In the recent case of Atkins Ltd v Secretary of State for Transport [2013] EWHC 139, Akenhead J in the Technology and Construction Court considered whether the existence of an excessive number of potholes constituted a compensation event under the Highways Agency Managing Agent and Contractor Contract (the “MAC”).