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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The Dreamvar Appeal: Material changes to the exposure of solicitors caught up in fraudulent property transactions
May 2018Conveyancers and their Insurers will note material changes to their claim exposures following this week’s Court of Appeal decision writes Stephen Reilly, Partner, and Lisa Henty, Associate. The Appeal decision means that the seller’s solicitors, as well as the buyer’s solicitors, are now squarely exposed to liability in the case of an impostor property seller.
Cost Protection – Tenders/Lodgements
May 2018A recent Irish Supreme Court decision of particular interest to insurers regarding Tenders and Lodgments is its judgment in Reaney & Ors v Interlink Ireland Ltd. In this article, Lasairfhiona Ni Laighin and Jennifer Havard discuss this matter, and explain the clarification of the law concerning Tenders/Lodgments. To read the full article, please click here.
The new CIC BIM Protocol – what’s changed?
May 2018Construction analysis: The Construction Industry Council (CIC) has recently published thesecond edition of its Building Information Modelling (BIM) protocol. Andrew Croft, associatein the construction and engineering group at Beale & Company, and lead consultantresponsible for drafting the new protocol, explains the key changes that have been made.
Will the proposed retention deposit scheme ease pressure?
May 2018Following the introduction of a Private Members Bill to protect retentions, draft wording to legislate for a retention deposit scheme has been published. We have previously reported on the Government’s consultation on the use of cash retentions in the construction industry, which concluded in January 2018. In this article, James Vernon considers the draft Construction… Read More >
Reports from the Courts
May 2018In our regular round up of cases of most interest to construction, Andrew Croft and Ben Spannuth look at: a significant case regarding payment under the Construction Act in the absence of a pay less notice, which could lead to a reduction in “smash and grab” adjudications. a rare case considering a Pre-Construction Services Agreement,… Read More >
Modern methods and the law
April 2018In her latest article for Building magazine, partner, Sheena Sood, considers the growth of offsite construction methods and the legal implications associated with their use. Traditional construction contracts and subcontracts may not be appropriate for offsiteconstruction. Now that innovative construction techniques are transforming the way we design and build, the legal and insurance industries should recognise the need for… Read More >
Layer Cake: When does a project insurance policy not cover insureds of all tiers?
April 2018In a recent judgment, the TCC has found that that a sub-contractor is not covered by a project insurance policy where the sub-contract expressly stated that the sub-contractor must obtain its own insurance, notwithstanding the terms of the project policy stating that cover was provided to all tiers of contractor and sub-contractor. In this article,… Read More >
Arbitration News: Arbitrator's Independence
April 2018The recent case of Société Saad Buzwair Automotive Co v Société Audi Volkswagen Middle East FZE LLC in the Paris Court of Appeal is a reminder that courts may set aside international arbitration awards on the basis that the arbitral tribunal was not properly constituted. The legal framework governing whether arbitrators have acted with independence… Read More >
Rosbeg Partners v LK Shields Solicitors [2018] IESC 23
April 2018On 18 April 2018 the Irish Supreme Court delivered an important judgment in respect of the calculation of damages in professional negligence claims against solicitors in the context of a fluctuating property market. The Supreme Court reduced the level of damages awarded against the firm of solicitors from €11million to €5.2million. In this article, Lasairfhíona Ní Laighin… Read More >
The highly anticipated BIM Protocol Second Edition, drafted by Beale & Company, is published today by the Construction Industry Council (CIC)
April 2018We are delighted to have joined up with the Construction Industry Council to draft the Second Edition of the BIM Protocol, produced to reflect current practices and standards regarding the use of BIM now that the UK Government’s BIM mandate is in force and BIM is widely used. Click here for a copy of the… Read More >