There has been a wave of M&A activity in the construction industry, especially so in 2015 which has seen a substantial increase in both the volume and value of transactions.
Our second webinar in our corporate webinar series considers the reasons why you might consider selling your business or merging; preparing the business for sale; maximising the value; the legal structure of a sale of a business; the due diligence process; and key legal documentation.
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.
ACE, Beale & Company and WK Corporate Finance
18 November 2015
There has been a wave of M&A activity in the construction industry, especially so in 2015 which has seen a substantial increase in both the volume and value of transactions.
Whether it’s a drive for expansion, restructuring and/or strategic alignment, there are a number of key decisions to be made and factors for consultants to consider when considering an acquisition or selling their business.
Watch the first in our M&A webinar series on Growth Strategy. 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.
Sheena Sood (Partner) and Andrew Croft (Solicitor) have spoken about the likely impact of the new draft Construction (Design and Management) Regulations 2015 (“CDM Regulations 2015”) and accompanying guidance.
The draft CDM Regulations 2015 have been published following consultation last year and it is expected that these Regulations will come into force on 6 April 2015. The draft CDM Regulations 2015 introduce significant changes to the current CDM Regulations 2007, including the replacement of the CDM Co-ordinator role with that of the Principal Designer, removal of the domestic client exemption, withdrawal of the current Approved Code of Practice (ACOP) and changes to the notification requirements.
With the new CDM Regulations 2015 expected to take effect on 6 April 2015, are you up-to-speed on the changes?
Will Buckby (Partner) and Ben Mullard (Associate) of Beale & Company 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.
When our consultant clients consider an appointment for a particular commission, the clauses which typically receive primary consideration are those relating to limiting or excluding liability for certain losses. Amongst other things, this is because of the significant losses (which might be uninsured), which a party may sustain in the event of a claim, in circumstances where such clauses are not incorporated into the contract.
In the UK construction, engineering and infrastructure sector, the market and typical approach to clauses which seek to limit and exclude liability continues to evolve. One view is that since the financial crisis and recession in 2008, the approach to limiting or excluding liability has become ‘harder’, as clients seek to impose more onerous provisions. Such clauses are also becoming more inventive: for example, the traditional approach of an aggregate or per claim limit of liability might not be as common place as it used to be.
In this webinar, Will Buckby (Partner) and Simii Sivapalan (Solicitor) discuss clauses which relate to limiting liability or excluding liability in the UK construction, engineering and infrastructure sector. They discuss:
the types of limit and exclusion of liability clauses, which our consultant clients should be including in their appointments – it is not as straightforward as simply agreeing to an aggregate limit of liability and perhaps an exclusion for indirect and consequential losses;
examine how the market currently approaches such clauses, and highlight any patterns in relation to the type of project, the clients procuring the project, and a consultant’s place in the hierarchical supply chain;
debate the approach to limiting and excluding liability in standard form agreements, which consultants are used to entering into, such as the NEC3 Professional Services Contract, the RIBA and ACE Standard Agreements, and the PPC2000, and suggesting improvements to the same; and
highlight how our client’s policies and procedures might approach the risks relating to limitation and exclusion of liability clauses.
If you have any questions about Beale & Co webinars, please contact webinars@beale-law.com.
For a pdf of the slides, please click on this link.
To view a recording of the seminar, please click on the video below
Lisa Henty, Solicitor for Beale & Co has spoken about the long awaited reforms to business insurance law have now been enacted in the Insurance Act 2015. It received Royal Assent on 12 February 2015 and will come into force in August 2016 and apply to all policies entered into or varied after that date.
This webinar will provide a brief overview of the reforms to bring you up to speed with the new changes.
To view a recording of the seminar, please click on the video below.
In May 2015 we opened an office in Dubai to provide enhanced legal support to our clients operating in the Middle East. To mark the anniversary of our expansion into the region we will be holding a series of webinars on managing legal risk in the Middle East.
The first in the series of webinars was held on Monday 25 April 2016 and provided an introduction to the following issues:
Introduction to the UAE Legal System and Civil Code;
Authority to Contract;
Contract interpretation and Performance;
Standard of Care: reasonable skill and care versus fitness for purpose;
Limitation Clauses: the law and in practice;
Limitation Periods and Decennial liability;
Damages under UAE law (including liquidated damages, penalties and interest);
Dispute Resolution (local Courts vs arbitration); and
Enforcement and Recovery.
Please click on the following link for a PDF of the webinar slides.
To view a recording of the seminar, please click on the video below.
Following our overview of the NEC3 Engineering and Construction Contract (ECC) in our webinar on 12 April 2016, we look in more detail at the following topics which are of perennial interest:
compensation events, including guidance on how to avoid pitfalls in the mechanisms for their notification and assessment; and
the role of the Project Manager, both in relation to compensation events and more generally.
This webinar provides practical tips which can help improve your current procedures. In particular, we will highlight the important differences from the equivalent provisions in the other standard forms of construction contract, and the steps which must be taken in order to administer the NEC3 ECC and to secure entitlements.
In addition, we will take the opportunity to consider some of the topics on which questions were raised in the last webinar including:
Is there a “gap” in design liability as between the NEC3 ECC (with or without the use of Option X15 – Limitation of Contractor’s liability to reasonable skill and care) and the NEC3 Professional Services Contract?
Which party bears the risk under NEC3 ECC of delay or other defective performance by statutory undertakers?
Option X12 (Partnering);
The additional clause issued by NEC3 in November 2015 for early contractor involvement; and
Contractor-initiated proposals to change the Works Information.
If you have any questions about Beale & Co webinars, please contact webinars@beale-law.com.
For a pdf of the slides, please click on this link.
To view a recording of the seminar, please click on the video below.
Will Buckby (Partner) and Stephen Milne (Associate) speak about the NEC3 Professional Services Contract and the key issues to be aware of when using this form of contract, including some recent English case law regarding key contract terms/issues. The webinar also provides practical tips which can help improve your current procedures. Will and Stephen will deliver a second webinar about the NEC3 Engineering and Construction Contract later in Spring 2016.
The NEC suite of contracts has been with us since the early 1990s and is now in its third edition (published in April 2013). In that time, in the UK the NEC3 has become one of the most commonly used standard form of contracts for engineering and infrastructure projects, including large scale projects such as High Speed 1, London 2012 Olympic Games, Crossrail, and Highways England’s Collaborative Delivery Framework. The NEC3 suite of contracts is also now increasingly used to procure international projects, particularly government works contracts i.e. Hong Kong’s Development Bureau recently directed that Works Departments should adopt the NEC3 form in all public works contracts put out for tender in 2015/16.
The NEC3 form is very different to other standard forms i.e. the JCT, GC/Works, ACE or RIBA particularly with regard to the various processes and procedures to administer the contract and secure entitlements. Successfully administering the NEC3 form is important to ensure the parties to it 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.
If you have any questions about Beale & Co webinars, please contact webinars@beale-law.com.
Partners Ian Masser and Nathan Modell of Beale & Co discuss the key changes brought about by the Insurance Act 2015 (“the Act”) and what they may mean for you as an insured. They are joined by Craig Roberts, Associate Director at Griffiths & Armour, who provides some practical tips to help prepare for the changes which will apply from August 2016.
When the Act comes into force in August 2016, it will represent the greatest change to insurance contract law in this country in over 100 years. The Act will bring about changes in respect of:
– Duty of disclosure –v– new duty of ‘fair presentation’;
– Warranties and terms not relevant to the actual loss;
– Remedies for fraudulent claims by insureds;
– Contracting out; and Amendments to the Third Parties (Rights Against Insurers) Act 2010.
The webinar will be of particular interest to anyone who arranges insurance on behalf of their organisation.
If you have any questions about Beale & Company webinars, please contact webinars@beale-law.com.
To view a recording of the webinar, please click on the video below.
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