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
November 2022Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth include a rare example of NHBC’s arrangements with its approved contractors being tested in the courts; another case stands as a reminder to ensure that contracts are clear and unambiguous, especially when the works are divided into… Read More >
Publication of NEC/CLC Guidance on Retentions
November 2022On 15 November 2022, the Construction Leadership Council (“CLC”) and New Engineering Contract (“NEC”) published joint guidance to the construction industry (“the Guidance”) on how to minimise the use of retention funds in NEC works contracts. Beale & Co’s Andrew Croft was happy to contribute and be involved in developing the Guidance, which can be… Read More >
Legal Ombudsman reform: What changes are being made?
November 2022In February 2022, the Legal Ombudsman (“LeO”) undertook a thorough review of its Scheme Rules with the aim of improving the customer experience and tackling a vast backlog of complaints. On 28 October 2022, the LeO confirmed that its review had concluded with amended rules due to come into force on 1 April 2023. The… Read More >
Fraud – how to deal with a rogue partner or employee
November 2022A firm’s worst nightmare – an employee informs you that they think someone within the firm has been stealing from the firm and/or its clients by making unauthorised payments. An immediate response is required. But what is the best response to this situation, how should your firm investigate and what can you do to protect… Read More >
UK State Aid control and the Subsidy Advice Unit: A duty to ask but not to listen?
November 2022Introduction On 11 November, the UK Competition and Markets Association released its guidance note on how it will operate its functions under the Subsidy Control Act 2022 (“SCA”)[1]. The SCA received royal assent on 28 April 2022. The operative parts of the statute will take effect on 4 January 2023. The SCA is a critically… Read More >
A ray of light cast over the ‘dark art’: Considerations regarding delay analysis arising from Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council
November 2022On 17 October 2022, the High Court handed down its decision in Thomas Barnes & Sons plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC), which related to the construction of a bus station in Blackburn. The claimant, Thomas Barnes & Sons plc (in administration) (‘Thomas Barnes’) was the contractor employed by a… Read More >
What happens next if the UK government cancels or curtails HS2?
November 2022(This article was first published by IG – Infrastructure Global 2022.) As the UK government prepares big spending cuts to deal with its economic crisis, Beale and Co chairman Antony Smith considers what might happen if HS2 is cancelled or scaled back. Whilst none of us want to believe that the UK’s major rail project… Read More >
The Saudi Center for Commercial Arbitration opens ‘SCCA Dubai’
November 2022In line with its goals to establish KSA as a global arbitration hub, and more broadly, to further the efforts of KSA to appeal to international parties conducting business in the Kingdom in line with the Vision 2030 initiative, the Saudi Center for Commercial Arbitration (“SCCA”) has opened an office offering integrated arbitration facilities, including… Read More >
RICS publishes report on decarbonising UK real estate
November 2022RICS has recently produced a report on decarbonising UK real estate (“the Report”), which can be found here. With buildings currently producing around 25% of all UK emissions, the Report concludes that the government’s existing policy around decarbonising real estate is insufficient. The Report recommends urgent actions for the government to take so that the… Read More >
KING’S COLLEGE, LONDON AND THE ADJUDICATION SOCIETY’S ANNUAL REPORT ON CONSTRUCTION ADJUDICATION
November 2022Last week saw the publication of the 2022 Construction Adjudication Annual Report by King’s College, London in collaboration with the Adjudication Society. It has been prepared following a considerable amount of work in collecting data on UK statutory adjudication from Adjudicator Nominating Bodies (ANBs) and individuals involved in statutory adjudication. That data considers core issues… Read More >