Webinar: Construction Law Update – NEC3 Engineering and Construction Contract Part 2

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.

 

Webinar: Construction Law Update – NEC3 Professional Services Contract

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.

 

Webinar: Insurance Act 2015 – What does it mean for you as an Insured?

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.