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 2017Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan, who focus on the first judgement concerning building information modelling; and an overturning of an adjudicator’s decision that shows the courts are reluctant to hold terms in a contract void for uncertainty. This article was first… Read More >
A nail in the coffin or a shining light? Concurrent delay exclusions and the ‘prevention principle’ explained
November 2017In an interesting judgment for the construction industry, the TCC in North Midland Building Ltd v Cyden Homes Ltd [2017] considered the enforceability of a bespoke exclusion in respect of concurrent delay and its impact on the ‘prevention principle’. The judgment confirms that parties can agree at the outset of a contract, who bears the… Read More >
Show me the money
November 2017In the latest article for Building, Sheena Sood, provides comment on the potential impact of the new Pre-Action Protocol for Debt Claims which will apply to any business wishing to pursue monies owed by an individual or a sole trader on or after 1 October 2017. To read the full article, please click on the… Read More >
Managing (client) expectations: The extent of an architect’s duties in relation to their client’s budget
November 2017Nathan Modell and Elizabeth Andrews discuss the recent judgment in Riva Properties Ltd & Ors v Foster + Partners Ltd. In this case, where the claimant sought the recovery of losses of over £16m, Mr Justice Fraser considered the scope of an architect’s duty of care owed towards his client in relation to costs. to… Read More >
To exclude or not to exclude – that is the question.
November 2017In Crowden v QBE Insurance (Europe) Ltd, the High Court has given important guidance on how insurance policy exclusion clauses should be interpreted. The Court’s decision will be welcomed by Insurers generally. Stephen Reilly (Partner) and Fiona Murphy (Associate) discuss this case further here.
Warranty and Indemnity Insurance – bridging the gap between Buyers’ and Sellers’ risk appetites
October 2017In the first in a series of articles on the W&I insurance market, Stephen Reilly, Partner, and Jason Bird, Trainee, overview the market for this increasingly used insurance product which oils the wheels of M&A transactions around the world and consider the benefits, insurers’ risk appetite and W&I claims experience.
Two recently published decisions in the TCC considered the enforceability of an Adjudicator’s decision and insolvency issues
October 2017In this article, James Vernon and Jason Bird, discuss two recently published decisions in the TCC which considered the enforceability of an Adjudicator’s decision and insolvency issues. To read the full article, please click on the link below.
Reports from the Courts – October 2017
October 2017In our regular round up of the court decisions of most significance to construction Andrew Croft and Simii Sivapalan examine a case concerning exemption clauses that went to the appeal court; and another highlighting that contractors need to act quickly to submit extension of time claims. This article was first published by Construction Law October… Read More >
Update on the August 2017 Editions of the RIAI Yellow and Blue Forms of the Construction Contracts
October 2017In August of this year, the RIAI released new editions of the Yellow and Blue Forms of Construction Contracts (“the 2017 Editions”). In this update Mary Smith outlines the main changes to those amended forms of construction contracts. To read the full article, please click here.
The increasing use of ADR in HMRC disputes and getting your legal costs back from the Taxman
October 2017In this article Partner, Stephen Reilly, discusses the increasing use of ADR in HMRC disputes and the recovery of resulting legal costs. Beale & Company are frequently instructed in tax litigation related matters. Our clients are often surprised to find out that (i) ADR is available to settle tax disputes with HMRC and (ii) even… Read More >