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.
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.
For a PDF of the slides, please click here.
Mergers & Acquisitions 1 – Growth Strategy
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.
For a PDF of the slides, please click here.
In the latest in our series of Construction Law Updates, we consider the upcoming Irish Construction Contracts Act 2013.
The Construction Contracts Act 2013 has been given a commencement date and will apply to most construction contracts from 25 July 2016.
In this webinar Cathie Shannon (Associate), Tom Pemberton (Partner) and John Henderson (Partner) speak about how the legislation may impact those working in the construction sector and also help to explain the changes that your practice may be required to make.
In addition to this, the following topics will be discussed:
- An overview of the Act and its principal provisions.
- Answers to the key questions raised by the new payments regime imposed by the Act – what amendments should be made to your standard forms?
- Beale & Company’s significant UK experience of Adjudication and some practical considerations and useful tools for those involved in the process.
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.
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?
Please click on the following links to see a copies of the CDM Regulations Slides and Flow Chart for Designers.
To view a recording of the webinar, please click on the video below.
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:
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- 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.
