An introduction to the NEC suite and the reasons for the publication of the new NEC4;
A summary of the main changes in the Professional Services Contract and the Engineering and Construction Contract from NEC3, including in respect of the operation of key provisions (programme, early warning events and management, compensation events and payment); and
An introduction to other new forms of contract introduced including the Term Service and Professional Services Sub-contract, the new Design Build and Operate Contract and a consultation version of a NEC Alliance Contract.
You can view a recording of the webinar below. For a copy of the slides, please click here.
To discuss any of the issues raised in this webinar, please contact Will Buckby (w.buckby@beale-law.com) or James Vernon (j.vernon@beale-law.com) or call us on +44 (0) 20 7469 0400.
Beale & Company are delighted to be sponsoring and speaking at the CIHT Annual Conference 2018 – Highways: Change, Innovation and the Future.
Sadaff Habib and Nadir Hasan, Associates from our Dubai and London offices, discuss the following topics including in the context of both common law and civil law jurisdictions:
When to seek interim relief and factors to consider;
To view a recording of the webinar, please click on the video below.
This webinar was hosted live from The International Arbitration Centre (IAC), an exclusive hearing space in the heart of legal London offering five star, purpose built ADR facilities.
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 Will Buckby (Partner) and Andrew Croft (Associate) provide an update on the key changes.
We have seen a recent upturn in the number of consultants seeking our help in obtaining payment.
In this webinar Nathan Modell and Andrew Croft will highlight key steps from the start of the relationship with the developer and throughout the project cycle to increase the likelihood of getting paid, and those steps to take to try and force payment following completion.
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.
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.
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.
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.
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