Publications

Publications

Our lawyers contribute regularly to industry and legal journals including Building, Post Magazine and Solicitors Journal. In addition we write legal briefings, newsletters and case reports on our main practice areas.

Published and other articles are free and may be downloaded in PDF format.

See our most recent articles below or use the search function to find publications by Sector, Service and/or keyword. Articles over 1 year old are stored in our Publications Archive.

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Will Bucbky

The use of technology in the construction sector is on the rise. In the current climate, the ability to operate remotely is a necessity rather than a choice, with the coronavirus pandemic only serving to accelerate the construction industry’s move into the digital era.

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Stephen Reilly & James Hughes

In a decision handed down remotely on 21 April 2020, the High Court has held that an Insurer must act fairly and rationally when exercising its discretion to avoid a policy subject to an Innocent Non-Disclosure ("IND") clause. This is the first time that the High Court has ruled directly on such matters. The Court's Judgment is required reading for Insurers to ensure that going forward they have the correct internal systems in place and that they exercise their discretion properly and so as to prevent intervention by the Courts.

Beale & Co Partner Stephen Reilly and Trainee Solicitor James Hughes analyse the case and the key takeaways for Insurers.

To read the full article, please click on the link below.

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Killian Dorney and Cian O'Gorman

One of the most significant issues affected by the COVID-19 crisis is cash flow. Cash flow is the lifeblood of every industry, but it is critical in construction.

In this article, Killian Dorney and Cian O’Gorman address matters that should be considered before commencing a formal dispute resolution process in relation to a payment dispute and focus particularly on adjudication in Ireland under the Construction Contracts Act 2013.

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Sheena Sood and James Hughes

On 11 May 2020, the Government published new guidance to assist employers, employees and the self-employed who work in or run outdoor working environments in understanding how to work safely during the coronavirus pandemic.

In this article, Sheena Sood and James Hughes consider the key recommendations for employers to consider as the construction industry begins to return to work.

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Stephen Reilly

On Friday 15 May, the FCA provided an update on its Covid-19 BI initiative. The FCA had already set out its intention to obtain expedited court declarations aimed at resolving the contractual uncertainty around the validity of many BI claims.
Beale & Co Partner Stephen Reilly provides an update on the latest developments.

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Michael Salau and Sophie-Rose Bowen

On the 13th May 2020, the UK government published a Written Ministerial Statement on planning and construction working hours. This statement expects local planning authorities to approve requests to extend construction working hours temporarily to ensure safe working in line with social distancing requirements, except where there are very compelling reasons to refuse a request.

In this article Michael Salau and Sophie-Rose Bowen discuss the potential rise in nuisance claims against those involved in the construction industry and steps that can be taken to help reduce the risk of exposure to these types of claims.

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Sheena Sood and James Hughes

As the coronavirus pandemic continues to prompt industry concerns over an increase in construction disputes, the Construction Industry Council [link] has published a new adjudication procedure, aimed at resolving disputes that involve claims of less than £50,000.

In this article, Sheena Sood and James Hughes look at the key features of this new procedure and consider its relationship with the Construction Act.

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Will Buckby

FIDIC’s newest addition to its contractual suite, the “Conditions of Subcontract for Plant and Design (Yellow Book 1999), 1st ed (2019)” (the “Subcontract”) is evidence of the important role that subcontracts play in ensuring a project’s success, writes Will Buckby in our next Global Vantage article.

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