Event Type: Webinars

On Thursday, 22 June 2017, at the NEC Users’ Group Annual Seminar 2017, the NEC launched the NEC4 suite of contracts.

The NEC4 suite is the biggest overhaul of the NEC forms since they were launched in the early 1990s, and include key changes and improvements to the terms of the existing contracts as well as three entirely new forms (the Alliance Contract, the Design Build and Operate Contract and Professional Services Subcontract).

Given the wide use of the NEC forms (which are increasingly the standard contracts of choice in the key infrastructure sectors), this is a “big deal” for the industry.

View our webinar below where Tom Pemberton (Partner) and James Vernon (Partner) provide an update on the key changes.

To discuss any of the issues raised in this webinar please contact Tom (t.pemberton@beale-law.com) or James (j.vernon@beale-law.com) or call us on +44 (0) 20 7469 0400.

Please click here for a copy of the webinar slides.

 

New versions of the RIBA forms of appointment and the CIC forms of collateral warranty and novation agreement were published at the end of 2018.

As with a number of other recently updated standard forms, to reflect the current market position both sets of documents involve the consultant assuming some additional risk.

In this webinar, Senior Associate Andrew Croft will consider any key risks under the updated forms, comment on any helpful changes, provide tips and guidance for use of the documents and give our view on the amended documents.

To discuss any of the issues raised in this webinar please contact Andrew (a.croft@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.

 

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:

1. the 2011 changes to the Construction Act;
2. key recent case law in relation to the Construction Act including adjudication enforcement;
3. whether in practice the Construction Act is fit for purpose; and
4. 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.

 

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.

Mergers & Acquisitions 3 – Post Merger Integration (PMI)

ACE, Beale & Company and WK Corporate Finance

27 January 2016

The process of combining two or more organisations into a single organisation is a nervous time for all involved. Organisation systems such as assets, people, resources, technology and brand amongst other things will need to be looked at and it is possibly one of the most challenging areas to address pre-close during a merger or acquisition.

The third and final of our corporate webinar series considers the key steps for successful integration, including committing to one culture and winning hearts and minds; the financial aspects such as ensuring that synergies result in increased profitability / performance and incentivising former owners post completion; and due diligence as an integration tool, managing post-completion obligations and avoiding conflict.

Our expert speakers include Nelson Ogunshakin, Chief Executive of the ACE, James Hutchinson, Partner at Beale & Company and Dan Nixon, Director at WK Corporate Finance.

If you have any questions about Beale & Company webinars please contact webinars@beale-law.com. 

For a PDF of the slides, please click here.