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Construction & Engineering

Construction & Engineering Newsletter May 2015

May has arrived bringing us not one, but two bank holidays to enjoy! As the country celebrated the birth of the royal baby, at BPE we have had our own reasons for celebrating.

On 30 April 2015 BPE celebrated its 10th anniversary- let this be the first decade of many! Meanwhile in the Construction & Engineering team our clients have been keeping us very busy! Since we last wrote:

  • We held our lunchtime seminar where we discussed public procurement and tenders-thanks to all of you that attended.
  • We have been meeting with clients and discussing the types of legal training required for their individual business needs. Clients have been showing a keen interest in equipping their workforces with a bit of legal training on their contracts and disputes - we have been receiving lots of enquiries in relation to our external training modules along with one or two instructions to provide bespoke training. We offer a broad range of standard and bespoke training modules which are available to book as individual modules, half-day or full-day sessions or bespoke programmes to suit your business. For further details and a brochure, please email: constructionseminars@bpe.co.uk.


Back in the office we’ve been dealing with:

  • New instructions to draft some standard terms for a client, new instructions to draft a framework agreement for highway excavation works and just agreed a drop-hands settlement for a client over some unpaid fees being claimed by the other side
  • Providing advice on a high risk tender contract
  • Providing advice on Pay Less Notices and withholding payments.
  • Providing pre-adjudication guidance
  • Instructions to advise on appointment and warranty documents being entered into after the design work which they relate to has been done
  • advised on a dispute relating to rotting timbers in a structure built several years ago 
  • New instruction concerning the supply of slates which were the wrong size and/or defective, resulting in our client sustaining a liability for delay and own costs of prolongation
  • Advising on the consequences of termination of contracts, one involving a repudiatory breach resulting in recoverable losses, the other arising on insolvency which meant the client needed advice on the terms of transfer of the work to a new contractor
  • Advising a Project Manager following termination of his appointment without notice

Now onto business..

These notes have been prepared for the purpose of an article only. They should not be regarded as a substitute for taking legal advice. 

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