All articles by Victoria Peckett
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CommentA new option for EPCM contracts
The IChemE Blue Book is a new form of contract for project services – how does it differ from the usual IChemE approach?
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CommentLook closer at assigned warranties
A new case on assigned warranties could open the door to more types of losses than anticipated by the warrantor
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CommentIs a collateral warranty a construction contract?
Victoria Peckett on what the Toppan ruling has added to the debate about when a collateral warranty constitutes a construction contract
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CommentBeware of ‘subject to contract’
Using this term implies no binding agreement has been made and thus can invalidate a supposed contract
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CommentWhat does ‘design life’ mean in construction contracts?
Examining the implications of contractual obligations on the ‘design life’ of buildings, and how far they extend
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CommentFires on construction sites: A burning question
How the risks of fire and other damage during building work should be shared and what insurance cover is needed
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CommentThe ties that bind: When 'subject to contract' backfires
Adding tags such as ‘subject to contract’ can fail to have the desired effect – and might even backfire
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CommentConstruction contract mistakes: That wasn’t quite what we meant
When rectifying contracts to fix drafting mistakes, what happens if the parties disagree on what was meant?
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CommentLegal: Swansea stadium and the dangers of change
Victoria Peckett points out that the Swansea stadium defects case highlights how altering provisions in standard forms can have unfortunate results
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CommentCollateral warranty: under the spotlight
Victoria Peckett draws lessons from two recent cases on the defences available against claims under collateral warranties
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CommentLegal: Be careful what you wish for
Victoria Peckett describes a case where a strategy to push a contractor into insolvency to resolve a dispute seriously backfired
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CommentLegal: A dangerous clause
Victoria Peckett considers whether termination-at-will clauses provide a get-out-of-jail-free card
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CommentLegal - Backwards or forwards?
Victoria Peckett considers the relative merits of prospective and retrospective delay analysis, in the light of recent court rulings
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CommentLegal blog: On demand or on default?
Victoria Peckett explains how to distinguish between a payment guarantee that applies only in the event of a default and one that can be invoked on demand
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CommentRecovery position
A recent case involving a vessel running aground has led to a significant decision regarding recovering damages after an insurance claim
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… and a hard place: Contractor termination
In the last of our series on how the credit crunch is affecting construction firms, we look at how to minimise the damage from terminating a contractor’s engagement
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Contractors' insolvency: Clean break
If your contractor becomes insolvent, you may need to terminate its engagement and finish the job some other way. But how do you make sure it doesn’t get messy?