All Case law articles

  • Tony Bingham
    Comment

    The bad side of good faith clauses

    2012-04-30T00:00:00Z

    ‘Good faith’ clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them

  • Stuart Pemble
    Comment

    Advising traditional procurement: Have I really been negligent?

    2010-10-08T00:00:00Z

    Solicitors can explain legal issues and draft and negotiate contracts relating to procurement, but they don’t choose which route to take - that is the client’s decision

  • Comment

    Set-off on the right foot

    2010-08-13T00:00:00Z

    The law governing situations where two parties owe each other money is murky. But a recent Court of Appeal case sheds some useful light

  • Alastair Walls, Pinsent Masons
    Comment

    Get lost, Plato: City Inn vs Shepherd Construction

    2010-08-06T00:00:00Z

    The decision in City Inn vs Shepherd Construction is a victory for common sense over philosophical arguments about causation, says the lawyer who acted for Shepherd

  • Comment

    On turning a blind eye: Traditional Structures vs HW Construction

    2010-08-06T00:00:00Z

    If you notice that a supplier has mistakenly failed to charge for an item on their tender, can you accept the price, keep shtoom and then hold them to it?

  • Comment

    Schools out for tender

    2010-07-23T00:00:00Z

    It’s a new order for those involved in building schools after the coalition’s savage cutbacks. But the changes should bring opportunities for smaller contractors

  • Comment

    Hidden agenda: the weakness of adjudication

    2010-07-23T00:00:00Z

    Because it takes place in private, adjudication is preventing judges from developing construction law - and lawyers aren’t improving the contracts they draft

  • Comment

    Litigation insurance: Run for cover

    2010-07-16T00:00:00Z

    Lawyers are becoming increasingly savvy about insurance options for those entering construction disputes. Matthew Amey urges litigants to seek advice as early as possible

  • Comment

    Anti-fraud: The taxman cometh

    2010-07-16T00:00:00Z

    The Revenue has begun an anti-fraud campaign, and any firms that don’t follow the letter of the law on paying subcontractors are going to be in a world of pain

  • Comment

    Buying a business: Gods of small things

    2010-06-25T00:00:00Z

    If you’re planning to buy a business in our fragile economy, you need to know what you’re getting. So use lawyers who will scrutinise every little contract

  • Just looking
    Comment

    Just looking

    2010-06-11T00:00:00Z

    Beware if you shop around for an expert, as the court may demand that you reveal the reports that you rejected

  • Comment

    Defective work: Making amends

    2010-06-04T00:00:00Z

    If you’re an employer cheesed off with a contractor’s work, it’s tempting to get someone else in to sort it out, then claim for the costs. Here’s why you should count to 10

  • The salami olympics
    Comment

    The salami olympics: how to spot a fraudster

    2010-05-28T00:00:00Z

    The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here’s how to spot them

  • Comment

    Pay-when-paid: You know what I mean, guv?

    2010-05-14T00:00:00Z

    Shepherd Construction tried to rely on a pay-when-paid clause to not pay its subcontractor, William Hare. Problem was, it wasn’t well drafted – so would the courts help it out?

  • Comment

    Religious discrimination laws: But I'm a shaman!

    2010-05-14T00:00:00Z

    A recent case has extended the laws protecting employees from religious discrimination to those who hold any kind of ‘cogent and serious belief’

  • Comment

    The reckoning

    2010-04-30T00:00:00Z

    Fiona Gill and Mark Roach So what did the Labour party do for (or to) construction during the past 13 years? And what will happen if the Conservatives take over?

  • James Bessey
    Comment

    A pain in the NEC

    2010-04-30T00:00:00Z

    Disputes on NEC projects are on the rise, so if you don’t want to find yourself in a bind, here are some points to be aware of when using this contract

  • Comment

    Nuclear contracts: Ending in tiers

    2010-04-30T00:00:00Z

    The second of our three-part series on the nuclear decommissioning sector looks at the target-cost clauses of tier two contracts – their benefits and pitfalls

  • Simon Lewis
    Comment

    Bribery Bill: Greasing the wheels of commerce

    2010-04-23T00:00:00Z

    Bribery is endemic in many parts of the world where British firms do business, but any that succumb to it will soon face fairly horrific penalties

  • Scales of justice
    News

    Tolent clauses examined

    2010-04-14T15:11:00Z

    In a landmark judgment yesterday, the Technology and Construction Court held that clauses that require a contractor to pay the employer’s legal costs, win or lose, do not comply with the Construction Act