Ann Minogue Freelance
Building
Stories by this contributor.
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The practices of funders' lawyers in 2011
06 January 2012
Funders’ lawyers are imposing onerous terms on contractors, passing them off as ‘market standard’. Here’s the kind of shenanigans they got up to last year
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The trouble with letters of intent and the law
21 October 2011
Here’s a case where a ‘side letter’ was relied upon to clarify the key terms under negotiation. The problem is that such documents may not be deemed legally enforceable
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Dodgy payment practices: Save us from ourselves
05 August 2011
Journalism isn’t the only sector guilty of abuses. Construction’s own dodgy payment practices are legendary - but to be rid of them it will have to fall back on its own resources
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Novation: Let's innovate
13 May 2011
A client novates its design team in order to offload risk to the contractor, but in doing so it also loses access to consultants who can offer vital advice. So what’s the alternative?
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Can we be of any assistance?
21 January 2011
?Like it or not, lawyers are tending to intrude into the adjudication process. Perhaps the industry should stop resisting and treat them as a guiding hand
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The big law society
21 May 2010
Ann Minogue The more disputes are settled in adjudication, the more likely it is that areas outside our industry will have a bearing on how construction law develops
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Blessed are the peacemakers: Contentious vs non-contentious law
22 January 2010
Adjudication has become just like litigation-lite, thanks largely to disputes lawyers gunning for a fight. A less contentious approach might return us to its original aims
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JCT for major projects: I Love you just the way you are
18 September 2009
The clear, efficient and comprehensive JCT Major Project Construction Contract is about as good a form as you’ll find. But don’t go trying to change it …
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A beginners' guide to English: Compact contracts
12 June 2009
You may think it best to make a contract as verbose as possible to ensure it misses nothing, but in reality it’s best to be brief and to the point
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Friends disunited: Mixing business and pleasure
20 March 2009
What’s wrong with agreeing a deal in the pub with a beer, a nod and a wink? After all, you’re mates, aren’t you? Well, sadly, those days are over. You must properly record everything
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Whatever possessed you?: Early partial possession
16 January 2009
Ann Minogue If you’re lucky enough to have a tenant lined up, you might be tempted to give them partial possession so they can make an early start on their fit-out. That way madness lies…
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Domestic builds: Identifying the rogue element
18 July 2008
Things often go awry with domestic projects, but they may not always be the fault of cowboy builders
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Exclusion clauses: A chink of light
2008 Issue 18
Are exclusion clauses enforceable? Hitherto, the courts have shed little light on the matter, but a recent Court of Appeal decision makes things much clearer
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That’s the way the money goes
2008 Issue 10
Paying for materials in order to reserve them is common practice when they are in short supply. Just make sure you follow a few guidelines when doing so to avoid trouble
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What the war taught us
2007 issue 45
The industry launched a campaign three years ago to persuade the government to junk plans for a planning gain supplement and, lo and behold, it succeeded. Now we need to learn the lessons
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Self-harm for developers
2007 Issue 28
Developers always try to impose the same liabilities on their contractors that they themselves are under. This is at best futile and at worst a danger to their own interests
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Here comes the rain again
2007 Issue 12
The oft-discussed Baxall case was about negligence in designing rainwater drainage. So is the Charter case, but here the Court of Appeal has taken a very different view
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Reflections and predictions
2007 issue 01
Wembley remained incomplete, third-party rights grew in popularity and we awoke to the importance of sustainability last year. So what will 2007 hold?
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Can you direct me to my money?
2006 issue 50
LEGAL AID — A contractor is withholding £45,000 until a subcontractor signs a new deal. But can a letter of intent and a purchase order be used to extract payment anyway?
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Know your rights
2006 issue 47
‘If it ain’t broke, why fix it?’ asked Jeff Brown of collateral warranties. But third-party rights are now used by many big developers as they reduce paperwork, time and money
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What’s right is right
2006 issue 43
The main lesson of Technotrade’s well-documented attempt to use a legal technicality to minimise its liability to a client warns us all of the need to be vigilant
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Floored by a contract
2006 issue 40
A contractor has withheld £250k from a flooring firm and told it the contract states it has to arbitrate directly with the client. How can it best recover the money it is owed?
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The victims of crime
2006 issue 35
When £20,000 worth of windows was stolen from a site, the contractor was landed with a six-week delay. So was the delay subject to an extension of time? If not, who was going to pay for the knock-on costs? Our panel of experts ponder the options…
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Risk? All yours, mate
2006 issue 31
Construction’s understanding of risk is becoming ever more sophisticated in these post-Latham days. Alas, when it comes to risk allocation in procurement, things are rather more primitive
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Give us our time back
2006 issue 30
Legal aid — This month our panel of experts locks horns with a client that has withdrawn an extension of time, sacked the architect and refuses to pay what’s due. Should the contractor down tools, lean on the new architect – or is adjudication the answer?
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Sorry, its not a runner
2006 issue 27
The CIC says its consultants’ contract is aimed at experienced clients, but they’ll be the last to abandon bespoke forms for an agreement that includes an aggregate cap on liabilities
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A disaster waiting to happen
2006 issue 26
Legal aid - This month our panel of experts tackles a dangerous situation at a college where a newly constructed extension is a potential fire hazard. Who is responsible under the design-and-build contract? And who will foot the bill for the remedial work?
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Two unhappy customers
2006 issue 21
This month our panel of legal experts wrestle with the case of an M&E contractor that worked for nothing and a client whose contract administrator certified defective work
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Game, set-off, match
2006 issue 14
Collateral warranties don't often lead to litigation but, when they do, clients must beware of clauses that introduce set-off rights - as these parties discovered
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Keeping the law in order
2006 issue 08
The DTI is to draft a bill to amend the construction act. This is a heroic enterprise, but don't forget it's the courts that really decide what the rules mean
