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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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A ‘call to action’ concerning a new Code of Conduct and Practice for architects?
December 2024Introduction “Architects play a vital role in shaping the places where we live and work. The public, our communities and clients expect that architects will deliver buildings and spaces that are safe and sustainable, and carry out their work ethically and with integrity” say the Architects Registration Board (“ARB”)[1]. These aspects are covered in the… Read More >
URS Corporation Ltd v BDW Trading Ltd [Case ID: UKSC 2023/0110]
December 2024This week, the Supreme Court will consider key issues concerning liability and limitation in an ongoing dispute between URS Corporation Ltd and BDW Trading Ltd. The decision will interest contractors, consultants, and other stakeholders, including developers and insurers. Background BDW Trading Ltd (“BDW”), a property developer, appointed URS Corporation Ltd (“URS”) as structural engineering and… Read More >
The latest Grenfell debate: update on the House of Lord’s examination of the Phase 2 Report
December 2024Over seven years have passed since the Grenfell Tower fire. In September 2024, the Inquiry Panel issued its Phase 2 Report into the circumstances and causes of the tragedy. The Report indicated failures by the Government and the construction industry in the years preceding the fire and its immediate aftermath. The House of Lords recently… Read More >
Global Vantage: International Bar Association Arbitration Committee’s Model Protocol For effective site visits during proceedings
November 2024In September 2024, the International Bar Association Arbitration Committee released a Site Visit Model Protocol (Model Protocol) aimed at providing a set of best practice rules for conducting site visits during international arbitration. Background Prepared by a working group comprising a diverse group of contributors, including lawyers, experts and arbitrators, the Model Protocol sets out… Read More >
Compensating for the increase in employer National Insurance contributions – the clock is ticking from the Autumn Budget!
November 2024How will the changes to employer National Insurance contributions be treated under standard form construction and engineering contracts? Introduction We have recently received several queries from the market in relation to the increase in employer National Insurance contributions (“NIC”) announced in the Chancellor’s Autumn 2024 Budget speech on 30 October 2024. The supply side of… Read More >
Entitlement to loss and expense under the JCT and SBCC standard forms – notify or else!
November 2024Lord Carloway, the Lord President of the Court of Session, has handed down his Opinion in the reclaiming motion (appeal) issued by FES Limited against HFD Construction Group Limited. The case dealt with the contractual interpretation of the notice provisions in clauses related to entitlement to loss and/or expense. The underlying contract was the Standard… Read More >
Complications in contribution claims
November 2024In Riedweg v HCC International Insurance plc & Ors [2024] EWHC 2805 the High Court has been asked to determine the unusual point of whether an insurer defendant to a Third Parties (Rights Against Insurers) Act 2010 claim could pursue contribution claims against third parties otherwise available to its insolvent policyholder. Giving judgment on the insurer’s… Read More >
Adjudication enforcement: indemnity costs and waiving rights to challenge
November 2024In Essential Living (Greenwich) Ltd v Conneely Facades Ltd [2024] EWHC 2629 (TCC), the court ruled on whether an adjudicator had breached the rules of natural justice, as alleged by the defendant. After concluding that there was no such breach, the court concentrated on the defendant’s conduct in the adjudication prior to deciding to award… Read More >
GRENFELL TOWER INQUIRY: PHASE 2 REPORT – WHY YOU SHOULDN’T ADOPT A CASUAL APPROACH TO CONTRACTING
November 2024The Grenfell Tower Inquiry’s Phase 2 Report was published in early September 2024 (the “Report”). Beale & Co’s article summarised the core findings and recommendations relevant to the construction and engineering sectors. This update considers the Report’s potential impact on future contracts. The importance of establishing clear contractual relationships Beale & Co’s earlier article delved… Read More >
Transforming Public Procurement: Our Vision for a Safer, More Inclusive, and Innovative Future
November 2024Introduction Some readers may be aware that the UK Government recently deferred the date of entry into force of the Procurement Act 2023 (“PA 23”) from 28 October 2024 to 24 February 2025. This was in order to allow the current Government the opportunity to consider revising National Procurement Policy Statement (NPPS), a statement which… Read More >