All articles by Ann Minogue – Page 2
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CommentBlessed are the peacemakers: Contentious vs non-contentious law
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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CommentJCT for major projects: I Love you just the way you are
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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CommentA beginners' guide to English: Compact contracts
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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CommentFriends disunited: Mixing business and pleasure
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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CommentWhatever possessed you?: Early partial possession
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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CommentDomestic builds: Identifying the rogue element
Things often go awry with domestic projects, but they may not always be the fault of cowboy builders
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CommentExclusion clauses: A chink of light
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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CommentThat’s the way the money goes
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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CommentWhat the war taught us
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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CommentSelf-harm for developers
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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CommentHere comes the rain again
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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CommentReflections and predictions
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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CommentCan you direct me to my money?
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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CommentKnow your rights
‘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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CommentWhat’s right is right
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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CommentFloored by a contract
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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CommentThe victims of crime
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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CommentRisk? All yours, mate
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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CommentGive us our time back
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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CommentSorry, its not a runner
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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