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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FIDIC Suite of Contracts: Updates to the Red, Yellow & Silver books
May 2017At the International Contract Users Conference held in London from 6 to 7 December 2016, FIDIC unveiled its proposed revisions to the 1999 Rainbow Suite of standard form contracts including the issuance of a pre-release version of the second edition of the Yellow Book, the contract used for the provision of electrical and/or mechanical plant… Read More >
CPR Part 36 beware – enhanced interest on damages and indemnity costs
April 2017In the case of OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195, the Court of Appeal considered the rate of interest on damages and indemnity costs that it should award under CPR 36.14 when a defendant does not accept a claimant’s Part 36 offer and the claimant beats this offer at trial.… Read More >
Enforcement proceedings – guidance on challenging an adjudicator’s decision
April 2017According to section 108(3) of the Housing Grants, Construction and Regeneration Act 1996, an adjudicator’s decision is binding until finally determined by litigation, arbitration or agreement between the parties. Giles Tagg and Melissa Evans discuss this and how it impacts cases such as Hutton Construction Limited v Wilson Properties (London) Limited [2017] EWHC 517. To… Read More >
IChemE publishes new Silver Book professional services contract to complete its set of standard forms
April 2017Tom Pemberton and Nadir Hasan highlight key points which those considering entering into a Silver Book appointment should consider. To read the full article, please click on the link below.
New UK Payment Reporting Regulations in Force
April 2017New regulations came into force on 6 April 2017 requiring large LLPs and companies to report on their payment practices and performance. Whilst compliance with the reporting obligations will be seen as an additional administrative burden, they could help improve the pan-industry issue of late payment. In a Beale & Company first, Associate, Andrew Croft,… Read More >
Formal borders? Landscaping the Duty of Care in the absence of contract
April 2017The Court of Appeal in Lejonvarn v Burgess recently considered the circumstances in which a duty of care in tort can arise in the complete absence of a contract or, indeed, any intent to form a contract. Giles Tagg discusses this case and how a duty of care can arise in tort between parties in… Read More >
Reports from the Courts – April 2017
April 2017Our regular round up of the court decisions of most interest to construction from Andrew Croft and Simii Sivapalan includes a decision highlighting that payment notices need to be free from ambiguity; and another confirming a trend for courts to adopt a common sense approach to liability limiting clauses. To read the full article, please… Read More >
Reports from the Courts – March 2017
March 2017In our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan report on a shipbuilding dispute where the court gave a wide interpretation to an exclusion of ‘consequential loss’; and another confirming that an adjudication on a failure to issue notices in relation to an interim… Read More >
Everyone’s at it! NEC4 to join the growing list of new standard form contracts
March 2017The date of publication of the new NEC4 suite of contracts was announced recently as June 2017. Key changes will include a new Design Build and Operate Contract, a new Alliance Contract and a new approach to BIM. This follows the recent publication of a number of updated standard forms of contract by a number… Read More >
BPE v Hughes-Holland (Gabriel): a New Dawn of Saamco
March 2017In one of the most important decisions this decade for those involved in professional negligence claims, the Supreme Court gave judgment today (22 March 2017) in BPE v Hughes-Holland (in substitution for Gabriel), the first case to consider Saamco in solicitors cases in the Supreme Court since it was decided in 1996. In the lead Judgment Lord Sumption… Read More >