All Case law articles – Page 6
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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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CommentLegal panels: The best panel game in town
When the going gets tough, the tough get going. Obtaining better value for money from your law firm by setting up a panel is one way to ease the effects of the downturn
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Project bank accounts: Up close and personal
Ignore the critics: project bank accounts foster trust and collaboration and, in doing so, save everybody a great deal of hassle
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CommentPFI: Opportunity still knocks
Although PFI disaster stories receive a fair bit of publicity, they haven’t dissuaded contractors from signing up
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CommentChina special: dispute resolution
The Chinese legal system is improving rapidly, but foreign parties still need to approach its dispute resolution procedures with caution
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China: the tendering process
China’s fledgling tendering process has overcome many of its teething problems, but is still unsuited to large complicated projects. Here’s how it works
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Dilapidations: Repairing the damage
Some landlords have sneakily been asking tenants who have quit to pay for repairs they never intended to carry out. It’s in the hands of surveyors to stamp out the practice
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CommentPulling the trigger
The liability triggers for compensation for asbestos victims may depend on exact policy wording, but a current case may clarify whether the insurers are playing fair
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CommentLook who’s footing the bill
Using outsiders to bankroll disputes has been treated with some suspicion by the courts. But the construction industry would be well advised to explore it
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Plan of battle
Next Monday, parliament is to debate the planning bill. This looks like it will turn into a savage battle over human rights and economic necessity. Here’s why
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CommentIdentity crises
Although name borrowing may seem like a simple concept, it can lead to conflicting issues for all parties involved
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A health check
Health and safety regs set out legal requirements for employers to make suitable risk assessments. It’s not as easy as it sounds…
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CommentConcurrent delays: Doing the splits
The City Inn case throws up a logical approach to granting extensions of time due to concurrent delays – if the delay has two causes, then why not apportion responsibility accordingly?
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CommentLiability: Strictly speaking
Do you know the difference between strict and absolute duties and no-fault liability? If not, then read on before you commit yourself to undertaking either
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Joint-names insurance: Capital punishment
Stuart Pemble explains how capitalisation of a single letter caused two of the highest courts in the land to issue contradictory rulings
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Let’s be reasonable
Insurance companies are notorious for finding ways not to pay out on their policies, but that may be about to change
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CommentRecession busting
With the last recession a distant memory for many, perhaps it’s time to remind ourselves of the steps we should be taking in case things get a bit tougher in the coming months
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CommentThings to take into account
Project bank accounts are in the spotlight again. If you use one yourself, make sure you’re aware of all the pros and cons, particularly with regard to insolvency
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So, what’s the damage?
Construction companies accused by the OFT will be wondering how bad things are going to be for them. Here’s the answer
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Living on the front line
Here’s the story of a solicitor whose knowledge of building was mainly from contract documents. Until she spent a week on site …