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 (Partner) and Simii Sivapalan (Solicitor):
- 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 [2015], 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.
In this webinar James Hutchinson will provide an update and refresher on the Public Contracts Regulations 2015 and covers the below:
- What contracts are / are not caught by the Regulations;
- The different procurement procedures under the Regulations;
- The contracting authority’s obligations;
- Below threshold procurements;
- Variations to procurements;
- Challenging a procurement award; and
- The impact of Brexit on procurement
Please click here for a copy of the slides.
To view a recording of the webinar, please click on the video below.
The General Data Protection Regulation (GDPR) comes into effect from 25 May 2018. It will alter how companies deal with personal data, with potential fines for non-compliance of up to €20m or, if higher, 4% of global turnover.
View our webinar below where James Hutchinson (Partner) looks at the role of a typical employer and covers many of the issues that employers could face once the Regulation comes ino effect.
To discuss any of the issues raised in this webinar please contact James (j.hutchinson@beale-law.com) or call us on +44 (0) 20 7469 0400.
Please click here for a copy of the slides.
To view a recording of the webinar, please click on the video below.
Non-payment remains one of the biggest issues in the construction industry, with sums continuing to remain unpaid for significant periods on no proper basis and without proper notice. This is an industry wide issue.
The Housing Grants, Construction and Regeneration Act 1996 (“Construction Act”) has helped reduce the issue to some extent, and some recent case law has outlined how the Construction Act can be used to your advantage.
Nevertheless, we often hear of sharp practice being used to circumvent the Construction Act and the UK government has acknowledged that more needs to be done, as evidenced by the introduction of the Reporting on Payment Practices and Procedures Regulations 2017. In addition the Department for Business, Energy & Industrial Strategy is now consulting on the 2011 changes to the Construction Act and the use of retentions.
As part of our ongoing series of webinars on construction law, this webinar considers:
- the 2011 changes to the Construction Act;
- key recent case law in relation to the Construction Act including adjudication enforcement;
- whether in practice the Construction Act is fit for purpose; and
- recent and prospective legislation in relation to late payment.
Please click here for a copy of the webinar slides.
To view a recording of the webinar, please click on the video below.
The NEC3 Engineering and Construction Contract is now the most commonly used standard form of contract for engineering and infrastructure projects. It is the contract of choice for UK projects such as High Speed 1 (and is expected to be used on High Speed 2), London 2012 Olympic Games, Crossrail and programmes of work such as Highways England’s Collaborative Delivery Framework. It is also increasingly being used to procure international projects, particularly government works contracts.
The NEC3 ECC form is very different from the other standard forms such as ICE/ICC, JCT, GC/Works and FIDIC in a range of ways including in relation to the various procedures which must be followed in order to administer the contract and secure entitlements. Successfully administering the NEC3 form is important to ensure the parties receive their entitlements under the contract. Moreover, if operated properly, the NEC3 form can serve as an effective project management tool and help to reduce disputes through its collaborative philosophy.
In this webinar Tom Pemberton (Partner) and James Vernon (Partner) speak about the NEC3 ECC and the key issues to be aware of when using with this form of contract. The webinar also provides practical tips which can help improve your current procedures.
Please click here for a copy of the webinar slides.
To view a recording of the webinar, please click on the video below.
In this webinar, Senior Associate Sadaff Habib discusses:
- Your arbitration agreement – things to think about
- Benefits of different institutional rules
- Interim remedies in arbitration
- Enforcing your award
To discuss any of the issues raised in this webinar please contact Sadaff (s.habib@beale-law.com) or call on +971 (0) 4 356 3902.
Please click here for a copy of the slides.
To view a recording of the webinar, please click on the video below.
In the first in a series of webinars on international arbitration, Anna Braden, Senior Associate at Beale & Co, considers:
- What is arbitration
- Why arbitrate
- Key features of arbitration
- How to arbitrate
- The advantages and disadvantages
To discuss any of the issues raised in this webinar please contact Anna Braden at a.braden@beale-law.com or call us on +44 (0) 20 7469 0400.
For a copy of the slides, please click here.
To view a recording of the webinar, please click on the video below.
The General Data Protection Regulation (GDPR) comes into effect from 25 May 2018. It will alter how companies deal with personal data, with potential fines for non-compliance of up to €20m or, if higher, 4% of global turnover.
In this webinar, in conjunction with the Chartered Institute of Highways & Transportation (CIHT), James Hutchinson, Partner at Beale & Company, provides an introduction to the GDPR and covers:
- Background and overview of the GDPR
- New data rights for data subjects
- Demonstrating compliance – privacy by design
- Data processing agreements
- Role of the Data Protection Officer
- Reporting a breach to the ICO
- Steps to take now
To discuss any of the issues raised in this webinar please contact James (j.hutchinson@beale-law.com) or call us on +44 (0) 20 7469 0400.
Please click here for a copy of the slides.
To view a recording of the webinar, please click on the video below.
Alliancing is an increasingly popular contractual model. The NEC has now published the NEC4 Alliance Contract, the first standard form “pure alliancing” contract.
In this webinar Will Buckby, Partner and Andrew Croft, Senior Associate, consider how “pure alliancing” works, the approach taken in the NEC4 Alliance Contract and any key risks under that form.
They also comment on the similarities and differences between the NEC4 Alliance Contract and other forms of alliancing contract being used in the highways, rail and water industries.
To discuss any of the issues raised in this webinar please contact Will Buckby (w.buckby@beale-law.com) or Andrew (a.croft@beale-law.com) or call us on +44 (0) 20 7469 0400.
For a copy of the slides, please click here.
To view a recording of the webinar, please click on the video below.
The Construction (Design and Management) Regulations 2015 (“CDM Regulations 2015”) affect almost all construction projects in Great Britain and so all consultants need to ensure they are familiar with them.
They have now been fully in force for a few months (since 6 October 2015) but the industry is still adjusting to the changes brought about by them and there remains some uncertainty as to their practical application to construction projects, as shown by a number of common queries which we have been asked.
Our webinar answers some of these FAQs on the new regulations and also updates you on the latest developments including whether or not an ACOP will be issued for CDM Regulations 2015 and possible amendments to aid house builders.
Please click here for a copy of the webinar slides.
To view a recording of the webinar, please click on the video link below.
