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 2023Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth who look at a decision that confirms that the right to commence adjudication proceedings ‘at any time’ does not conflict with the limitation defence under the Limitation Act 1980; and another that shows the bar is set… Read More >
Building Liability Orders – Where are we now?
March 2023Building Liability Orders (BLOs) and Information Orders have been in force since 28 June 2022. Over 8 months have now passed and the impact that these orders will have in practice, and how these orders will change the liability landscape for construction projects, remains to be seen. However, we anticipate that significant developments in this… Read More >
Counting the cost – Upcoming changes to the Fixed Recoverable Costs regime
March 2023The implementation date for the Government’s proposed changes to the fixed recoverable costs (“FRC”) regime was originally last year. This followed Sir Rupert Jackson’s report into it in July 2017, the Government’s consultation on it in 2019 and the Government’s response to that consultation in September 2021. It is now expected to be implemented in… Read More >
A CHALLENGING ENVIRONMENT
March 2023As the realities of climate change become apparent, more and more countries are enacting framework climate change laws to mount a domestic response to the global challenge. The sufficiency of these laws, and the effectiveness of their implementation, are being tested through litigation. In this joint article Beale & Co Partner Michael Salau along with… Read More >
Global Vantage: US$126 million arbitration award set aside due to error of law on the face of the award
March 2023The High Court of Trinidad and Tobago has delivered its judgment in National Infrastructure Development Company Limited v Construtora OAS S.A. (Claim No. CV2022-01832), setting aside a US$126 million arbitration award on the basis of an error of law. National Infrastructure Development Company Limited (“NIDCO”) and Construtora OAS S.A. (“OAS”) were parties to a modified… Read More >
Procurement Bill 2022: Key changes in relation to transparency
March 2023Background to the Procurement Bill The pre-Brexit procurement process in the UK was derived from EU law and was focussed on facilitating the concept of a single market i.e. maximising cross-border competition and free movement. The UK Government’s first step to simplifying the overly complex EU public procurement process was the publication of its Green… Read More >
Trading in the Twilight Zone – When does the Creditor Duty arise for Company Directors? A round-up of the recent cases applying the Supreme Court decision in Sequana.
March 2023Introduction: On 5 October 2022, the Supreme Court delivered a landmark judgement in BTI 2014 LLC v Sequana SA [2022]. The decision is the first from the Supreme Court to address when, and in what circumstances, company directors owe a duty to consider the interests of the company’s creditors (‘’the creditor duty’’). The creditor duty… Read More >
Terms and Conditions Update
March 2023There have been some key developments in the UK and global markets over the past year that have had a knock-on effect on the construction industry. There have also been some key legal developments with more to come very soon. We think that it is important to consider whether to update your standard terms and conditions… Read More >
NEC PUBLISHES NEW AMENDMENTS TO THE NEC4 SUITE OF CONTRACTS
February 2023Earlier this month, NEC published its latest amendments to the NEC4 suite of contracts. The updates, which cover topics ranging from climate change to limits of liability, bring about a host of useful changes, which demonstrate the NEC’s commitment to ensuring that its contracts adapt to meet the needs of the industry post-Covid. In this… Read More >
Protecting people and places: HSE Strategy 2022 to 2032
February 2023The HSE has faced growing responsibilities following its appointment as the Building Safety Regulator (“BSR”) and enhanced chemical regulation role post-Brexit. These new responsibilities combined with external factors, such as new technologies in the workplace, the government’s net zero agenda commitment and the growing gig economy, have required the HSE to evaluate how it intends… Read More >