http://www.building.co.uk http://www.building.co.uk http://www.building.co.uk/magazine/graphics/logo.png http://www.building.co.uk http://www.building.co.uk/professional/legal/legal-brief-right-to-light-consultation/5055071.article http://www.building.co.uk/professional/legal/legal-brief-right-to-light-consultation/5055071.article As the submission period for the consultation closes, the law commission starts its journey through a maze of competing issues Tue, 21 May 2013 11:37 GMT http://www.building.co.uk/professional/legal/legal-brief-duration-of-disputes/5055006.article http://www.building.co.uk/professional/legal/legal-brief-duration-of-disputes/5055006.article Figures from EC Harris reveal that the duration of disputes in the construction sector in 2012 increased by a third compared to 2011 Mon, 20 May 2013 15:57 GMT http://www.building.co.uk/professional/legal/the-paperless-trial/5054654.article http://www.building.co.uk/professional/legal/the-paperless-trial/5054654.article Technology has already transformed how lawyers deal with information in court - and soon those heavy briefcases could be a thing of the past Mon, 20 May 2013 10:50 GMT http://www.building.co.uk/professional/legal/the-sudden-death-clause/5054956.article http://www.building.co.uk/professional/legal/the-sudden-death-clause/5054956.article It seems that a contract can contain all sorts of cheering words about partnering and still allow a termination without explanation. Don’t worry, it all makes sense to lawyers … Mon, 20 May 2013 10:15 GMT http://www.building.co.uk/professional/legal/damage-limitation/5054405.article http://www.building.co.uk/professional/legal/damage-limitation/5054405.article Damages-based agreements give parties the freedom to choose how they wish to share the cost and risk of litigation. So, how do they work? Mon, 20 May 2013 10:05 GMT http://www.building.co.uk/professional/legal/project-bank-accounts-whats-not-to-like?/5054308.article http://www.building.co.uk/professional/legal/project-bank-accounts-whats-not-to-like?/5054308.article Project bank accounts provide security of payment to contractors, reduce supply chain risk and even save the client money. They just need to be set up properly Fri, 17 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/london-2012-suppliers-big-yourself-up/5054313.article http://www.building.co.uk/professional/legal/london-2012-suppliers-big-yourself-up/5054313.article Recent reports indicate many eligible firms have yet to apply for a recognition licence from the BOA. But London 2012 suppliers should take advantage - the benefits are well worth it Fri, 17 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/architect-standards-wrap-them-up-in-cotton-wool/5054553.article http://www.building.co.uk/professional/legal/architect-standards-wrap-them-up-in-cotton-wool/5054553.article When things went awry with the Wests’ riverside home, and the builder was already insolvent, they sued the architect. Why? He should have taken better care of them Fri, 17 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/architects-registration-board-know-your-place/5054530.article http://www.building.co.uk/professional/legal/architects-registration-board-know-your-place/5054530.article An architect has been struck off for getting into debt. But is this really ‘professional misconduct’ to anyone other than the Lord Snootys of the profession? Fri, 10 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/party-wall-disputes-the-end-of-the-party/5053988.article http://www.building.co.uk/professional/legal/party-wall-disputes-the-end-of-the-party/5053988.article When a claimant drops a claim, they become liable to pay the defendant’s costs in party wall cases. But the Court of Appeal has recently issued guidance on when the courts can ignore this Fri, 10 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/walter-lilly-vs-mackay-a-curate’s-egg/5054082.article http://www.building.co.uk/professional/legal/walter-lilly-vs-mackay-a-curate’s-egg/5054082.article Walter Lilly vs Mackay grabbed headlines and produced a lengthy judgement. But exceptional cases should not set general precedents in law Fri, 10 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/ssis-beware-the-newts/5053802.article http://www.building.co.uk/professional/legal/ssis-beware-the-newts/5053802.article Sites of special scientific interest can be a major barrier to development - even if you have planning permission. Here’s what to look out for Fri, 10 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/legal-brief-do-architects-certificates-operate-as-contracts?/5054296.article http://www.building.co.uk/professional/legal/legal-brief-do-architects-certificates-operate-as-contracts?/5054296.article A decision by Mr Justice Akenhead in a recent case provides some clarity Fri, 3 May 2013 18:50 GMT http://www.building.co.uk/professional/legal/wind-farms-second-generation/5053608.article http://www.building.co.uk/professional/legal/wind-farms-second-generation/5053608.article A lot of lessons have been learned about the technical side of building wind farms. But what about contracts? Lindy Patterson looks at how things have changed in the last decade Fri, 3 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/willmott-dixon-vs-newlon-a-case-in-points/5053609.article http://www.building.co.uk/professional/legal/willmott-dixon-vs-newlon-a-case-in-points/5053609.article Tony Bingham’s column on the recent Willmott Dixon vs Newlon Housing dispute focused on procedural objections - but there’s an awful lot more to the case than that Fri, 3 May 2013 06:00 GMT http://www.building.co.uk/professional/legal/professional-negligence-dispute-on-the-rocks/5053631.article http://www.building.co.uk/professional/legal/professional-negligence-dispute-on-the-rocks/5053631.article When a judge blocked a £3m award to whisky maker Whyte & Mackay, he questioned whether a professional negligence dispute should have come to adjudication at all Mon, 29 Apr 2013 12:00 GMT http://www.building.co.uk/professional/legal/doing-business-in-iraq-tread-carefully/5053759.article http://www.building.co.uk/professional/legal/doing-business-in-iraq-tread-carefully/5053759.article A decade after the invasion of Iraq there are opportunities for UK firms in the country’s infrastructure sector. But they must be aware of the legal framework they will be working in Fri, 26 Apr 2013 06:00 GMT http://www.building.co.uk/professional/legal/stop-kicking-up-a-fuss/5053279.article http://www.building.co.uk/professional/legal/stop-kicking-up-a-fuss/5053279.article The lawyers in this case raised a number of clever, interesting technical objections. Which were quite rightly dismissed. Let’s just stick to the facts, eh? Fri, 26 Apr 2013 06:00 GMT http://www.building.co.uk/professional/legal/legal-brief-changes-to-judicial-review-process/5053736.article http://www.building.co.uk/professional/legal/legal-brief-changes-to-judicial-review-process/5053736.article What do proposed changes to the judicial review system mean for planning and procurement decisions? Wed, 24 Apr 2013 10:30 GMT http://www.building.co.uk/professional/legal/life-on-the-high-fees/5053119.article http://www.building.co.uk/professional/legal/life-on-the-high-fees/5053119.article Adjudicators were meant to deal with construction disputes ‘expeditiously and relatively inexpensively’. But the amount they charge is becoming increasingly hard to justify Mon, 22 Apr 2013 11:16 GMT http://www.building.co.uk/professional/legal/nec3-contracts-the-hole-truth-and-nothing-but/5052930.article http://www.building.co.uk/professional/legal/nec3-contracts-the-hole-truth-and-nothing-but/5052930.article If only lawyers would get around to filling up the holes in the NEC3 contract Fri, 19 Apr 2013 06:00 GMT http://www.building.co.uk/professional/legal/cpc2013-top-form/5052997.article http://www.building.co.uk/professional/legal/cpc2013-top-form/5052997.article We need a new form of contract for complex projects that encourages a more scientific approach to risk management. Step forward CPC2013 … Fri, 19 Apr 2013 06:00 GMT http://www.building.co.uk/professional/legal/legal-brief-human-rights-vs-adjudication/5053323.article http://www.building.co.uk/professional/legal/legal-brief-human-rights-vs-adjudication/5053323.article A decision by the Scottish Courts on Whyte & MacKay Ltd vs Blyth and Blyth Consulting Engineers sets an interesting precedent Tue, 16 Apr 2013 12:35 GMT http://www.building.co.uk/professional/legal/legal-brief-multiple-disputes?/5053317.article http://www.building.co.uk/professional/legal/legal-brief-multiple-disputes?/5053317.article Willmott Dixon Housing Limited vs Newlon Housing Trust leads to an interesting development in adjudication law Tue, 16 Apr 2013 12:17 GMT http://www.building.co.uk/professional/legal/leap-of-faith/5052785.article http://www.building.co.uk/professional/legal/leap-of-faith/5052785.article Despite what the Court of Appeal decided recently, isn’t a doctrine of good faith what the industry desperately needs? Tue, 16 Apr 2013 10:10 GMT http://www.building.co.uk/professional/legal/direct-payment-clauses-caught-in-the-middle/5052544.article http://www.building.co.uk/professional/legal/direct-payment-clauses-caught-in-the-middle/5052544.article An employer that gives itself the power to pay subcontractors direct if the main contractor does not, may find itself acting as a referee between two warring parties Fri, 12 Apr 2013 00:00 GMT http://www.building.co.uk/professional/legal/doing-without-lawyers/5052640.article http://www.building.co.uk/professional/legal/doing-without-lawyers/5052640.article More people than ever are choosing to conduct their own construction case without using a lawyer. Fine, but it calls for a more hands-on approach from the referee Fri, 12 Apr 2013 00:00 GMT http://www.building.co.uk/professional/legal/beware-restrictive-covenants/5052758.article http://www.building.co.uk/professional/legal/beware-restrictive-covenants/5052758.article Restrictive covenants can deal a fatal blow to a developer’s plans. So make sure you understand what effect a convenant will have on the development before you take the plunge Fri, 12 Apr 2013 00:00 GMT http://www.building.co.uk/professional/legal/o-ye-of-little-faith/5052433.article http://www.building.co.uk/professional/legal/o-ye-of-little-faith/5052433.article A recent Court of Appeal case confirms the traditional English hostility to a general doctrine of good faith in the performance of contracts Fri, 5 Apr 2013 00:00 GMT http://www.building.co.uk/professional/legal/making-a-drama-out-of-a-crisis/5052786.article http://www.building.co.uk/professional/legal/making-a-drama-out-of-a-crisis/5052786.article Buildings and contents insurance is big business. But what happens when an insurer’s contractor’s subcontractor tries to get money from homeowners? In short, a bit of a mess Fri, 5 Apr 2013 00:00 GMT http://www.building.co.uk/professional/legal/guaranteed-maximum-prices-berth-pangs/5052788.article http://www.building.co.uk/professional/legal/guaranteed-maximum-prices-berth-pangs/5052788.article Francis Ho dives into the topic of guaranteed maximum price provisions and discovers how the pricing provisions for the navy’s new submarine jetty in Scotland were sunk Fri, 5 Apr 2013 00:00 GMT http://www.building.co.uk/professional/legal/uncharted-territory-the-jackson-reforms/5051915.article http://www.building.co.uk/professional/legal/uncharted-territory-the-jackson-reforms/5051915.article Lord Justice Jackson’s cost reforms, which come into force on 1 April, will create a new landscape for litigation. How will this affect construction and engineering cases? Tue, 26 Mar 2013 06:00 GMT http://www.building.co.uk/what-implied-terms-imply/5051940.article http://www.building.co.uk/what-implied-terms-imply/5051940.article The question of what terms should be implied - and what they mean when they are implied - is often at the centre of disputes, as recent cases show … Tue, 26 Mar 2013 06:00 GMT http://www.building.co.uk/professional/legal/adjudication-a-63-lever-arch-file-problem/5051999.article http://www.building.co.uk/professional/legal/adjudication-a-63-lever-arch-file-problem/5051999.article Doubtless you’d feel miffed to have to wade through huge files of material in just seven days so you can serve your response. But don’t expect a court judge to take pity on you Mon, 25 Mar 2013 10:13 GMT http://www.building.co.uk/professional/legal/tax-compliance-anything-to-declare?/5051592.article http://www.building.co.uk/professional/legal/tax-compliance-anything-to-declare?/5051592.article New government rules mean that any contractors bidding for public projects will have to disclose a 10-year tax history - and any non-compliance will need a good explanation Fri, 22 Mar 2013 06:00 GMT http://www.building.co.uk/professional/legal/contempt-of-court-jailhouse-rock/5051579.article http://www.building.co.uk/professional/legal/contempt-of-court-jailhouse-rock/5051579.article Here’s a case that started out as a workaday adjudication case and ended up with one party trying to get the other banged up in prison for contempt of court Fri, 22 Mar 2013 06:00 GMT http://www.building.co.uk/professional/legal/litigation-privilege-open-secrets/5052047.article http://www.building.co.uk/professional/legal/litigation-privilege-open-secrets/5052047.article If a document comes into existence for the purpose of litigation, privilege from disclosure can be claimed. But, as a recent case shows, it may be hard to persuade the court to allow the claim Tue, 19 Mar 2013 10:11 GMT http://www.building.co.uk/professional/legal/legal-brief-hs2-consultation-ruling/5051980.article http://www.building.co.uk/professional/legal/legal-brief-hs2-consultation-ruling/5051980.article We look at the three key messages that can be taken from Mr Justice Ouseley’s recent rulings on legal challenges to HS2 Mon, 18 Mar 2013 13:00 GMT http://www.building.co.uk/professional/legal/navigating-mixed-use-developments/5051526.article http://www.building.co.uk/professional/legal/navigating-mixed-use-developments/5051526.article The changing environment of work and planning will result in a lot more mixed-use developments - and there are many ways to make these pay Fri, 15 Mar 2013 00:00 GMT http://www.building.co.uk/professional/legal/identifying-owner-occupiers/5051259.article http://www.building.co.uk/professional/legal/identifying-owner-occupiers/5051259.article The part of Section 106 of the Construction Act designed to safeguard residential occupiers is only applicable if they can prove they intend to move into the property as their residence Fri, 15 Mar 2013 00:00 GMT