Publications archive

Beale & Company

We are delighted to have joined up with the Construction Industry Council to draft the Second Edition of the BIM Protocol, produced to reflect current practices and standards regarding the use of BIM now that the UK Government’s BIM mandate is in force and BIM is widely used. The original BIM Protocol, which Beale & Company were also responsible for drafting, was first commissioned by CIC in 2013 as a response to the UK Government BIM Strategy. The second edition has been updated to reflect significant progress with standards and practices in relation to BIM since 2013, and is being published following significant consultation with the construction industry, legal practitioners and standard contract publishing bodies.

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Sadaff Habib

Publication: This article was first published by Kluwer Arbitration Blog in March 2018

Sadaff Habib, a solicitor in our Dubai office who is also the assistant editor for the Africa region at Kluwer Arbitration Blog, has written an article on the impact of foreign direct investment (FDI) on arbitration in Africa, addressing what FDI is; what it means for international arbitration in Africa and choosing a “seat” in Africa.

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Andrew Croft and Simii Sivapalan

Publication: Construction Law

Andrew Croft and Simii Sivapalan review the most recent cases of interest to construction including:
- one highlighting that contractual rights and remedies in respect of insolvency can apply after termination by a contractor for breach of contract; and

- another reiterating that in relation to claims for payment the limitation period starts to run on the date of completion of the services and not the date of the invoice.

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Cathie Shannon & Christian Carlyle

The Supreme Court has delivered its much-anticipated Judgement in the case of Liam Brandley and WJB Developments Limited v Hubert Deane t/a Hubert Deane & Associates and John Lohan t/a John Lohan Groundworks Contractors 2010/10994 P. The law has been clarified on when the clock will begin to run in relation to the six year limitation period for bringing a claim founded in negligence, for damage to property.

In this article, Cathie Shannon and Christian Carlyle consider this notable decision and the reasoning of the Supreme Court in determining that the Statute of Limitations in property damage claims begins to run when damage has manifested.

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James Hutchinson

Insurance Europe, the European Insurance and reinsurance federation, has issued a template for reporting data breaches to the Information Commissioner’s Office (ICO) under the General Data Protection Regulation (GDPR).

James Hutchinson, a Partner at Beale & Company specialising in cyber liability and GDPR, provides more information in this note.

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Antony Smith and Marc Jones

It remains unclear exactly how and when the UK will leave the EU and what the consequences will be on the English Arbitration market. The general consensus is that there will be no significant short-to-mid term effects. The fact is the advantages of English Arbitration are not derived from EU law or the UK's membership of the EU. Antony Smith and Marc Jones discuss this further in our article here.

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Will Buckby & Andrew Croft

Publication: Construction Law

Highways England has suffered from some well-known procurement related growing pains since being formed in 2015. But Will Buckby and Andrew Croft see sound reasons to be cheerful for the future of UK roads procurement.

This article was first published in Construction Law.

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Andrew Croft & Simii Sivapalan

Publication: Construction Law

Our review of the most important court cases for construction comes from Andrew Croft and Simii Sivapalan, focusing on a Court of Session ruling highlighting that contractual rights of set-off may be used as a defence in respect of any additional assessment for payment under a payment certificate, even in the absence of pay less notices; and one showing how the drafting of the guarantee as a whole will be key in determining the differences between a guarantee and demand bond.

This article was first published in Construction Law.

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