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 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.
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.
For a pdf of the slides, please click on this link.
To view a recording of the seminar, please click on the video below.
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.
For a pdf of the slides, please click on this link.
To view a recording of the webinar, please click on the video below.
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.
