Publications archive

Antony Smith and Marc Jones

Whilst there are no league tables or rankings as to which states, or companies, are the best or worst at paying out on arbitration awards made against them, it is clear that non-payment of an award is not unique to developing economies or any one industry. Political and economic unpredictability is driving the uncertainty of both award payment and the time of payment. The risk varies from State to State and indeed between industries and the risk of non-payment of an arbitration award can be more acute in certain areas.

With arbitration on the rise we outline the options available when a defendant does not pay what is due under an arbitral award.

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Rhian Howell & Vashti Wyatt

The Supreme Court handed down its judgment today on whether litigants in person can be excused from strict compliance with the rules on service. Those who have the pleasure in defending claims by litigants in person can breathe a sigh of relief as the answer is no, albeit only a majority of 3:2.

Rhian Howell and Vashti Wyatt discuss the decision and what impact it will have in the future.

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Will Buckby & Andrew Croft

The NEC4 suite of contracts was published on 22 June 2017. In the second of a series of briefing notes considering the significant changes to the NEC3 Professional Service Contract ("PSC") we consider the Consultant's liability under the NEC4 PSC.

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Andrew Croft & Simii Sivapalan

In our latest review of the court decisions of most interest to construction Andrew Croft and Simii Sivapalan look at one that highlights the danger of conflicting and complicated drafting in contracts; and another that confirms the need to serve a pay less notice under the HGCRA 1996 applies to final or termination accounts as well as to interim payments.

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Laura Lintott

Publication: Construction Law

In this article Laura Lintott, guest editor for Construction Law, discusses the increasing number of prosecutions related to bribery and corruption. The Serious Fraud Office (SFO) is becoming increasingly focused on such cases, and construction companies should take great care to comply with anti-corruption legislation, she warns.

This article was first published in Construction Law.

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Sheena Sood

Publication: Building - 05.01.18

In her latest article for Building, Beale & Company partner, Sheena Sood, looks ahead at the challenges likely to dominate the construction industry in 2018, including cyber-crime, payment abuse, and mega-consolidation.

This article was first published in Building.

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James Hutchinson

A number of companies within the Carillion group have today been placed in compulsory liquidation. The Official Receiver has been appointed as liquidator, with support from PwC.

James Hutchinson provides some background on this matter and sets out guidance in relation to dealing with Carillion.

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Will Buckby & Andrew Croft

Publication: Construction Law

Will Buckby and Andrew Croft examine the new NEC4 Professional Services Contract and find the changes from the previous contract to be more than simply an evolution. Consultants face increased potential risk, they warn.

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