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Rebuilding Ukraine Series – Ready for the rebuild: potential hurdles to consider
February 2025Over recent years, Ukraine’s construction industry has faced various social, economic and political challenges including conflict, COVID-19 and materials shortages. With recent reports of potential peace negotiations however, attention is starting to shift to rebuilding the country. Earlier articles in our Rebuilding Ukraine Series have explored the core issues connected with procurement; contract conditions; funding;… Read More >
Top 10 tips for appointing and managing subcontractors
February 2025Subcontracting in the construction industry often leads to multiple practical issues and potentially complex problems or disputes on projects. We are seeing an increase in the nature of the onerous provisions and risks that clients are trying to pass onto contractors and consultants, for example by requesting a single point of responsibility (either as a… Read More >
New Year, new contract terms? Navigating the latest developments in the construction sector
January 2025Introduction 2024 saw some key developments in the construction sector, with new industry standard forms of contract and legislation, key case law, technical developments, and broader industry trends emerging. Staying informed of such changes is crucial for companies and professionals aiming to remain competitive and compliant in today’s dynamic environment. New developments should be considered… Read More >
Delays in the Gateways? Implications for construction clients and higher-risk building works
January 2025Introduction Delays in Gateway Two and Three building control approval processes for higher-risk buildings under the new building safety regime have significantly impacted the progress of remediation works, construction starts, and the Government’s ambitious goal of constructing 1.5 million homes. Throughout 2024, industry press reports indicated that the Building Safety Regulator (BSR) was acclimatising to… Read More >
Adjudication and Fire Safety Claims: Expanding the Boundaries of Jurisdiction Under the Defective Premises Act 1972
January 2025The recent High Court decision in BDW Trading Limited v Ardmore Construction Limited reinforces parties’ ability to resolve fire safety claims on residential projects via adjudication. This case confirms that adjudicators’ jurisdiction to decide disputes arising ‘under the contract’ extends to causes of action under the Defective Premises Act 1972 (DPA). The case underscores the… Read More >
New (Cladding) Remediation Acceleration Plan: prompt action and stronger powers!
December 2024On 2 December 2024, the Government announced its Remediation Acceleration Plan (RAP). Investigations following the Grenfell Tower fire highlighted the significant number of buildings requiring remediation across England. At first, the Ministry of Housing, Communities & Local Government estimated that remediation works would be completed by 2035, however the National Audit Office’s report (NAO report),… Read More >
A ‘call to action’ concerning a new Code of Conduct and Practice for architects?
December 2024Introduction “Architects play a vital role in shaping the places where we live and work. The public, our communities and clients expect that architects will deliver buildings and spaces that are safe and sustainable, and carry out their work ethically and with integrity” say the Architects Registration Board (“ARB”)[1]. These aspects are covered in the… Read More >
GRENFELL TOWER INQUIRY: PHASE 2 REPORT – WHY YOU SHOULDN’T ADOPT A CASUAL APPROACH TO CONTRACTING
November 2024The Grenfell Tower Inquiry’s Phase 2 Report was published in early September 2024 (the “Report”). Beale & Co’s article summarised the core findings and recommendations relevant to the construction and engineering sectors. This update considers the Report’s potential impact on future contracts. The importance of establishing clear contractual relationships Beale & Co’s earlier article delved… Read More >
GRENFELL PHASE 2 REPORT: IMPACT ON PRODUCT MANUFACTURERS
November 2024This impact note focuses on the key findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning product manufacturers and the insulation products installed on the Grenfell Tower. The Phase 2 Report was published on 4 September 2024, and in considerable length outlines the circumstances and causes of the fire. Our earlier article… Read More >
When is a “storey” to be identified and counted for higher-risk building purposes? Recent uncertainty created over Government’s guidance
November 2024Nicholas Blomfield & Others v Monier Road Limited is an interesting First-Tier Tribunal decision on the status and treatment of government guidance regarding the “higher-risk building” (HRB) criteria under the Building Safety Act 2022 (BSA 2022) and Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. Tribunal’s Decision A decision concerning an application for a Remediation… Read More >