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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Avoiding unintentional pitfalls
August 2012Disputes over letters of intent are as common as ever but, argue Will Buckby and Andrew Croft of Beale and Company, they can easily be avoided, or at least used with greater care.
Further Guidance on the Enforceability of Limitation and Exclusion Causes
August 2012Following the judgment in Ampleforth Abbey Trust v Turner and Townsend Project Management Limited [2012] this case provides further guidance as to the enforceability of limitation clauses.
Beale and Company International Legal Services
August 2012Beale and Company Solicitors LLP is a long established niche law firm that specialises in providing commercial and cost effective advice to the construction industry and its users. Rated in Chambers Guide to the Legal Professions, a leading directory in the United Kingdom, as “at the top of the technology and construction market”, we are… Read More >
Trustees of Ampleforth Abbey Trust v Turner & Townsend Project Management Limited
August 2012In our recently published case summary ‘The “reasonableness” of caps on liability and the dangers for project managers of proceeding under letters of intent’, we promised to produce some fuller guidance on the implications for monetary limits of liability in appointments in the light of the Turner & Townsend case. To read this guidance and about… Read More >
NBS National Construction Contracts and Law Survey 2012
August 2012Following the publication of the National BIM Report 2012 earlier this year, NBS, part of RIBA Enterprises Ltd, has published the National Construction Contracts and Law Survey 2012
Court of Appeal provides further guidance on Part 36
July 2012The recent Court of Appeal decision, PHI Group Limited v Robert West Consulting Limited [2012] EWCA Civ 588, emphasises (i) the importance of complying with Part 36 Civil Procedure Rules if the costs consequences provided by Part 36 are to apply; and (ii) existing non-Part 36 offers are not impliedly withdrawn purely because subsequent (inconsistent)… Read More >
TUPE – Organised Grouping of Employees
July 2012The recent case, Seawell Ltd v Ceva Freight (UK) Ltd & another UKEATS/0034/11/BI sheds light on the issue of which employees transfer when there is a service provision change. Michael Archer and Simii Sivapalan provide further details.
Opinions on Compliance Talk
July 2012The proposed Building Control (Amendment) Regulations 2012 will require building owners to procure certificates of compliance with Building Regulations for both design and construction of buildings. Stephen Chessher has given a talk on the subject to Professional Negligence Lawyers Conference on June 11th in Dublin.
Reports from the courts – July 2012
July 2012In our latest round up of the court decisions of most interest to construction Andrew Croft and Will Buckby of Beale and Company focus on a case that could cause a rise in jurisdictional challenges to adjudicators' decisions; and one that shines light on ‘good faith' obligations in contracts.
A duty to warn
July 2012The scope of a professional duty should be determined by the professional person’s retainer or contract of engagement. However, it is possible that a duty may be triggered by circumstances that arise during the commission. A common example is where a professional, in the course of doing the job for which he or she has… Read More >