CMS

This Practice Note looks at the advantages and disadvantages of adopting building information modelling (BIM) on a construction project.

A conversation with Amine Sator, local partner at Algerian law firm CMS BFL on key issues on merger control in Algeria. This is part of our collection of over 125 maintained national merger control guides.

This Practice Note is intended to provide advice to consultants on how to spot problems with insolvent clients (which, for the purposes of this note may mean employers or contractors) and how the consultant can take steps to protect itself. It deals with the consultant’s right to suspend and/or terminate under an appointment, the measures which a consultant might implement at pre-contract stage or in the appointment terms and conditions in order to protect itself and the differences where a novation situation exists.

This Practice Note is intended to provide advice to contractors on how to spot problems with insolvent employers and how the contractor can take steps to protect itself in advance. It deals with the contractor’s right to suspend and/or terminate under a construction contract, the measures which a contractor might implement at pre-contract stage in order to protect itself including direct payments from a bank, project bank accounts and guarantees and the practical issues which arise following an insolvency.

This Practice Note is intended to provide advice to employers on how to spot problems with insolvent contractors and how the employer can take steps to protect itself. The note deals with the employer’s right to terminate under a construction contract and the steps which an employer might take, particularly at pre-contract stage, in order to protect itself.

This Practice Note is intended to provide advice to sub-contractors on how to spot problems with insolvent contractors and how the sub-contractor can take steps to protect itself in advance. It deals with the sub-contractor’s right to suspend and/or terminate under a sub-contract and the measures which a sub-contractor might implement, particularly at pre-contract stage, in order to protect itself.

This Practice Note considers how construction contracts (building contracts, sub-contracts, consultant appointments etc) may need to be drafted/amended where building information modelling (BIM) is being used on a project. It looks at the contractual implications of BIM at different stages of a construction project: the design phase, construction phase and operation phase. It also looks at the approach to BIM of the JCT and NEC standard form building contracts.

This Practice Note explains the key issues to consider before enforcement and the most typical enforcement options for a lender in real estate finance transactions (ie share charge enforcement, quasi-enforcement through voting rights and enforcement pursuant to a debenture).

This Practice Note sets out how to enforce an arbitral award in Spain. It covers recognition and enforcement of domestic and foreign awards including the application of relevant international conventions.

This Practice Note considers the key assets that exist in a film, the different methods of structuring a typical film finance transaction, the key financing terms and budget for financing a film, the key parties involved, the typical conditions precedent, the main methods used to take security over the film and related assets and the important commercial arrangements required for generating and distributing any proceeds realised

This Practice Note highlights key differences between the law in Scotland and England from the perspective of an English lawyer practising in the area of Construction law. Terminology differences are not addressed in this Practice Note.

This Practice Note looks at the additional roles involved when building information modelling (BIM) is used in relation to a construction project, what those roles involve and other key considerations that the use of BIM gives rise to.

Firms that fall within the scope of the Markets in Financial Instruments Directive (Directive 2014/65/EU) (MiFID II) must be authorised by their home Member State and comply with various organisational, conduct of business and other rules. This Practice Note summarises what MiFID business is as the term is defined in the FCA Glossary and provides a flowchart to work through the specific elements involved in determining whether MiFID II applies. It also highlights some of the exemptions that may allow firms to fall outside the scope of MiFID II.

The purpose of this Practice Note is to define some of the key terms of the Payment Services Regulations 2017, SI 2017/752 (PSRs 2017), such as payment service, payment account, payment transaction and payment instrument, in order to assist those carrying on certain services in deciding whether they fall within the scope of the PSRs 2017.

A conversation with Olga Czyżycka-Szczygieł, Counsel, Agnieszka Starzynska, Counsel, Krzysztof Sikora, Senior Associate and Anna Wilkosz, Associate, from the Warsaw office of international law firm CMS on key issues on foreign direct investment (FDI) control in Poland.

This document sets out suggested amendments, and additional clauses, to be incorporated into the Lexis+ Construction Schedule of amendments to the JCT Design and Build Contract 2011 where the employer and contractor have agreed to use building information modelling (BIM), and adopt a BIM protocol, in relation to their construction project.

These archived clauses can be incorporated into the Lexis+ Construction schedules of amendments to the JCT Standard Building Contracts where the parties have agreed to use BIM and adopt a BIM protocol.

This is a Precedent letter requesting corrections to an arbitral award under section 57(3)(a) of the Arbitration Act 1996.

This is a Precedent letter responding to an application by an opponent for corrections to an arbitral award under section 57(3)(a) of the Arbitration Act 1996. The letter covers the timetable for responding and the possible responses of no correction needed, agreeing to proposed correction and opposing proposed correction.

Financial Service analysis: The FSA has warned amateur investors to be wary of crowdfunding websites amidst concerns about insufficient protection for investors. The regulator says crowdfunding should be targeted at sophisticated investors. Bradley Rice of Nabarro LLP explains the key concerns but believes crowdfunding has the potential to be a vital new source of finance.