Will Buckby (Partner) and Ben Mullard (Associate) of Beale & Co speak about novation, focusing specifically on design and build projects and the issues consultants should consider when negotiating novation agreements.
Design and build projects and the novation of consultants’ appointments from the client to the contractor are increasingly prevalent in the construction sector. This talk provides an introduction to novation and the risks arising, discusses the different approaches to novation (the so called “ab initio” and “switch” forms) and highlights key issues for consultants in novation agreements.
To view a recording of the seminar, please click on the video below.
Historically, the market approach within the construction industry has been to include in professional appointments a contractual obligation relating to a duty of care often equivalent to the common law duty to exercise “reasonable skill and care”.
In more recent times, new suites of standard form agreements, and certainly typical bespoke agreements, are moving away from this approach and adopting an “elevated” duty of care. Bespoke agreements are increasingly introducing fitness for purpose obligations with the obvious consequences for professional indemnity cover. This raises the question: Consultants – Is your duty of care under attack?
In this webinar, Will Buckby and Nadir Hasan will cover the following:
Provide a refresher on the standard of care imposed on professionals under common law;
Discuss the potential implications of drafting which enhances a consultant’s standard of care; this may include policy coverage not responding;
Debate the implications of absolute or strict obligations as well as performance based/fitness for purpose obligations and explain why they should be avoided;
Examine the duty of care obligations in standard form contracts and highlight the changing approach to such appointments, with particular reference to the new suite of standard form appointments such as the FIDIC Consultants Model Services Agreement 3 Edition 2017 (White Book), the ACE Professional Services Agreement 2017 and the IChemE’s Professional Services Contract 2017 (Silver Book), which adopt “enhanced” standard of care drafting;
Assess the approach to duty of care obligations seen typically in client bespoke agreements and set out the risks and mitigation steps in view of these;
Highlight the lessons learned from recent case law, including the case of MT Hojgaard a/s v E.ON Renewables UK Robin Rigg East Ltd , which provides a timely reminder on the perils of imprecise drafting; and
Identify practical tips to avoid the inherent risks with an enhanced duty of care.
Please click here for a copy of the webinar slides.
To view a recording of the webinar, please click on the video below.
COVID-19 and measures taken to contain its spread have by now impacted all businesses in the UK and worldwide.
As the crisis worsens the construction sector is likely to be amongst the hardest-hit. There remains uncertainty over whether construction sites are permitted to operate in light of the Government’s unprecedented restriction on people’s movements announced on 23 March 2020 and later comments tweeted by the Communities and Housing Secretary suggesting sites can stay open where they can operate safely.
In this webinar Will Buckby, Partner and Nadir Hasan, Associate, consider the impact that the disease is likely to have on businesses and on live projects, and provide a basic rundown of the rights and remedies that contractors and consultants are likely to have (under bespoke and all major standard-form contracts and appointments), and the steps that they should take to safeguard their positions (both contractually and from a practical perspective).
The full impact of COVID-19 on the construction sector and wider Irish society will not be known for some considerable time. However, we do know that the impacts will be very significant. The important thing to do now is to mitigate and manage those impacts wherever possible, so that projects and economic activity in the construction sector can continue given that sites (for the moment at least) may remain open where social distancing can be implemented.
This webinar addresses the contractual issues that arise for professional consultants as a result of the COVID-19 crisis, in the public and private sector, when acting as a member of the Design Team and/or as the Employer’s Representative. It also addresses issues that arise in relation to inspection, certification, payments contingent thereon, other BCAR matters and wider Health and Safety concerns. Emergency legislation to be implemented is also considered.
The content includes practical advice that will be useful to senior staff and management as well as those attending sites on a daily basis.
COVID-19 and measures taken to contain its spread have by now impacted all businesses in the GCC and worldwide. As the crisis worsens the construction sector is likely to be amongst the hardest-hit.
This webinar works through four practical scenarios for each the employer, the main contractor, the consultant and the subcontractor / supplier, basing each on the FIDIC 1999 Red Book and 2006 White Book.
We look at how the forced quarantine of a labour camp may affect a project, what impact more stringent safety requirements has on ability to work, what are the risks to employers who wish to stop work but there is no government directive to do so, the impact on the consultant team where a contractor suspends the work and what is the position of subcontractors where overseas supply is cut off. These issues are worked through and practical answers given.
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.
The ongoing COVID-19 crisis is having a considerable impact on the construction sector, with many projects either put on hold entirely or progressing in a very limited manner. This gives rise to a myriad of complex, contractual issues related to payments, which affects the life-blood of the industry, cash-flow.
This webinar addresses the topic of payments under construction contracts and professional appointments, focusing on the matters that consultants should be aware of when acting as Employer’s Agent as well as when trying to secure payment under their own professional appointments, whether operating in the public or private sector.
Also addressed are the issues and options that arise upon the occurrence of payment disputes, with a particular focus on Adjudication under the Construction Contracts Act 2013.
One of the most immediate insurance impacts of COVID 19 has been the deluge of businesses across the UK looking to their Business Interruption coverages for indemnity. However, as many of these businesses around the UK are finding out, most Business Interruption policies will clearly not respond to COVID-19 events.
In this webinar, Joe Bryant and Stephen Reilly of Beale & Co will look at how unsuccessful claims for Business Interruption cover may rebound and result in negligence claims against insurance brokers and their PI insurers, and whether or not such claims are likely to be successful.
The ongoing Covid-19 crisis has forced most businesses to rapidly implement remote working protocols in order to adapt, survive and continue working. This has presented significant challenges for businesses in managing cyber risks whilst implementing the necessary protocols to prevent data breaches and remain complaint with data protection regulations.
This webinar will provide an overview of the key cyber risks and data protection issues you need to be aware of based on recent examples from the market and cases dealt with by Beale & Co. It will provide concise, practical tips to enable you to identify areas of risk and to help implement strategies to prevent losses for businesses and their insurance providers.
The webinar will commence by reviewing recent the types of cyber-attacks you should be aware of, including recent examples of “Covid-19” themed cyber-attacks. It will then analyse the data protection issues arising from large numbers of employees working at home, such as lowering the risk of data breaches, and identifying possible employee issues and third party exposures.
To discuss any of the issues raised in this webinar please contact Cian O’Gorman or Sean OHalloran. Alternatively please call +353 (0) 1 536 9634