For construction professionals, the contractual landscape has unfortunately been ‘hardening’ in recent years. In addition, the professional indemnity insurance market has also “hardened”, with cover being limited in areas such as in respect of fire safety, ACMs and combustible materials, amongst others. And then we have the COVID-19 pandemic and the UK’s transition period after Brexit coming to an end on 31 December 2020.
Will Buckby and Robert Read discuss those important contractual considerations that construction professionals should be considering in the current market.
The Draft Building Safety Bill (“the Draft Bill”) is the government’s long awaited response to the Grenfell fire and Dame Judith Hackitt’s 2018 review of the building industry, “Building a Safer Future”. The Draft Bill sets out a proposed new regulatory regime for those involved in the design, construction and approval of high rise residential buildings in England. The changes proposed by the government undoubtedly represent the biggest change to the building safety regulatory regime in decades and present new and potentially onerous obligations for those involved in the construction industry.
In this session Joanna Lewis, Nathan Modell and Michael Salau explore the background to the Draft Bill as well as a discussion of the proposed changes and potential new pitfalls for professionals from a practical perspective.
Adjudication under the Construction Contracts Act 2013 is a very accessible and efficient method of resolving payment disputes on construction projects.
Join us on Thursday 4 February 2021 for a webinar that will involve a detailed consideration of Adjudication under the Construction Contracts Act 2013. This webinar will focus on the structure of the adjudicative process and the considerations for Referring Parties and Responding Parties in adjudication.
In particular, Killian Dorney and Cian O’Gorman will address the following:
• Disputes that can be adjudicated
• How to commence adjudication
• The adjudication procedure and timetable
• Adjudication as a tool for settlement
• Compliance with the Decision
• Matters to consider before commencing adjudication
There will also be a live Q&A at the end of the webinar, where our speakers will be able to address questions from their talks.
Andrew Croft and James Vernon will discuss the thorny issue of delay caused to the provision of consultants’ services by reasons beyond their control. This is a particularly topical point given the impact of COVID-19. In such circumstances, what contractual provisions are needed to allow the consultant recover additional fees and/or loss and expense? In addition, can the consultant be held responsible for the delay?
This session will cover:
Best key risks and challenges for consultants associated with prolongation from an appointment-drafting perspective;
How effective the traditional standard forms are to protecting the consultants’ position and applicable amendments that should be sought;
Clauses to avoid in non-standard form contracts;
Evidence required to recover additional fees and/or loss and expense; and
Practical tips for tackling the issue of prolongation.
COVID-19 – What does the future look like for construction?
With many construction firms either already back to work or planning an imminent return amidst the current government lockdown, there are a number of issues businesses should be considering to protect their staff, business and their projects in the future.
In this next COVID-19 webinar Partners Antony Smith and Sheena Sood will briefly recap what has happened over the last few weeks and advice given in our previous webinars, before moving on to focus on rebuilding and the future. From a legal/risk management perspective they will cover topics such as remobilisation issues, the importance of communication now more than ever and the longer term impact of COVID-19 on the construction industry.
This webinar will follow the next government announcement due on the 7 May where we expect there to be some guidance on the exit strategy for the country as a whole in relation to COVID-19. We will be drawing on any updated guidance provided during this webinar.
Following on from our webinar on 30 March 2020 on mitigating the impact of COVID-19 on construction projects, James Vernon and Madeleine Kelly have considered contractual and practical implications for contractors (plus contract administrators, project managers and QSs) working on live projects during the lockdown and how to safeguard positions now and in the future as the social restrictions are lifted.
This webinar considers the position for works that have been suspended and sites closed and for those where works have continued, albeit restricted in order to comply with the measures taken to contain the spread of COVID-19 in the UK and worldwide. The impact of new guidance and procedures introduced by advisory bodies, such as the Construction Leadership Council, is also be covered.
This webinar is part of a series of webinars by Beale & Co in respect of COVID-19 – details of the webinars to be delivered by our offices in Ireland and the Middle East are published separately.
Click here to view a copy of the slides from our recent seminar in November 2015. If you require any more information or would like to discuss anything covered in more detail, please contact Marketing at firstname.lastname@example.org.
Design and Build Projects – common issues and solutions
Click here to view a copy of the hand-outs from our panel discussion on 17 March 2016. If you require any more information or would like to discuss anything covered in more detail, please contact Marketing at email@example.com.