Webinar: A Practical Guide to Adjudication and Case Law Update

The original aim of adjudication was to provide parties to a construction contract with an accessible and efficient method of resolving payment disputes. However, parties have utilised the speed and cost benefits of adjudication for a wider range of disputes related to construction projects.

Although this has led to a broader case load, the focus of the Courts remains that unless clear issues arise from an Adjudicator’s decision, they should be enforced.

Join James Vernon and Jack Swadling for a webinar that provides a brief introduction to the structure of the adjudicative process and discuss considerations for Referring Parties and Responding Parties bringing and defending claims via adjudication.

Topics include:

1. Aims of the adjudication process.
2. Steps to consider when bringing an adjudication for the types of claims: defects, valuation and delay
3. Steps to consider when defending an adjudication including jurisdiction.
4. Recent case law and where this fits in to adjudication process.

To discuss any of the issues raised in this webinar please contact James Vernon at j.vernon@beale-law.com and Jack Swadling at s.swadling@beale-law.com.

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Webinar: Contractual Considerations in 2021 – a New Landscape?

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.

To discuss any of the issues raised in this webinar please contact Will Buckby at w.buckby@beale-law.com and Robert Read at r.read@beale-law.com.

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Beale & Co International Webinar for Irish Construction Companies

The International Construction Market is constantly growing, especially for Irish Construction Companies.

Join us on Thursday 11 February 2021 for a webinar for Irish construction companies operating internationally and those with international ambitions. Beale & Co speakers Killian Dorney, Partner from our Dublin office, Will Buckby, Partner from our London office and Claire Miller, Partner from our Dubai office will be joined by guest speaker Ross O’Colmain of Enterprise Ireland to discuss issues to consider when operating internationally as well as available supports.

Topics
Topics for this webinar include:

  • Practical matters to consider as an Irish construction company contracting internationally
  • The UK Market, Brexit, Opportunities and Challenges & Business Network
  • The Middle East and African Market (including sub-Saharan Africa), Opportunities and Challenges & Business Network
  • International Ambition – Enterprise Ireland supports

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.

Webinar: Where will the Golden Thread Lead? the Draft Building Safety Bill

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.

To discuss any of the issues raised in this webinar please contact Joanna Lewis at j.lewis@beale-law.com, Nathan Modell at n.modell@beale-law.com and Michael Salau at m.salau@beale-law.com.

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Webinar: A Practical Guide to Adjudication

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.

Topics
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
• Costs
• 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.

Please click here to register.

Webinar: Prolongation and Variations in Consultant’s Appointments

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:

  1. Best key risks and challenges for consultants associated with prolongation from an appointment-drafting perspective;
  2. How effective the traditional standard forms are to protecting the consultants’ position and applicable amendments that should be sought;
  3. Clauses to avoid in non-standard form contracts;
  4. Evidence required to recover additional fees and/or loss and expense; and
  5. Practical tips for tackling the issue of prolongation.

To discuss any of the issues raised in this webinar please contact James Vernon at j.vernon@beale-law.com or Andrew Croft at a.croft@beale-law.com.

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Webinar: External Wall Fire Safety and Form EWS1

Will Buckby and Ian Masser discuss the ongoing industry challenges surrounding external wall fire safety on buildings over 18m in height. The position in relation to new developments is now relatively clear given the 2018 Building (Amendment) Regulations, which banned the use of combustible materials anywhere on buildings over 18m in height. But what about the significant number of existing buildings that already contain combustible materials?

Construction professionals will be familiar with the Form EWS1 and how this is being promoted as the solution. We at Beale & Co are not so sure. Given the ongoing Government pressure on the construction industry to take the lead in resolving this issue, combined with a recent media campaign to highlight the plight of homeowners who cannot sell, insure or re-mortgage their affected properties means this is a hugely topical issue .

The session covers a history lesson of the changes to UK building regulations post the tragic Grenfell Tower fire in June 2017, as well as discussing the legal and practical implications of the Form EWS1.

To discuss any of the issues raised in this webinar please contact Will Buckby at w.buckby@beale-law.com or Ian Masser at i.masser@beale-law.com

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.

Webinar: Software as a Service – Consultants as Technology Providers and the Legal Ramifications

Digital engineering and the tools and processes now available to us are changing the built environment and will alter how the engineering industry operates moving forward. Engineers and architects are increasingly taking the role of technology providers and face new legal issues.

In this webinar, James Hutchinson, a Partner at Beale & Co, examines the difference between traditional professional services and technology services. He focus’ on:

  • Cloud computing generally
  • An introduction to Software as a Service (SaaS)
  • Comparison of professional services v SaaS provision
  • Look at a typical SaaS contract and SLA terms
  • IT clauses in professional services contracts
  • Focus on an example contract
  • Offer suggestions on the main points when negotiating intellectual property clauses

To discuss any of the issues raised in this webinar please contact James Hutchinson at j.hutchinson@beale-law.com 

Please click here for a copy of the slides.

To view a recording of the webinar, please click on the video below.