All Case law articles – Page 7

  • John Redmond
    Comment

    NEC: Smooth operator

    2008-05-02T00:00:00Z

    The Olympic Delivery Authority has chosen the NEC contract in the hope that it will keep the job moving efficiently. But it will only work if it’s well enough resourced

  • Bradford Eco City
    Comment

    Eco-towns: One hell of a job

    2008-05-02T00:00:00Z

    Tim Ayres and Lynn Franklin - Gordon Brown’s eco-towns are going to be built on a legal minefield. Here’s a guide to tip-toeing through it

  • Legal money small cartoon
    Comment

    Easy as PI

    2008-05-02T00:00:00Z

    Money matters - As you’ll be aware, the world’s financial system is in something of a mess. And as insurance is part of that system, you may wonder what’s going to happen to your professional indemnity policy.

  • Comment

    10 years of the Construction Act

    2008-04-25T00:00:00Z

    Ten years after it became law, the Construction Act is a boisterous, perplexing triumph. Here’s its biography. Overleaf, Rudi Klein and Dominic Helps add their views, and we hear from one man who went through the mill and survived

  • Dominic Helps
    Comment

    A sackload of trouble

    2008-04-18T00:00:00Z

    Can a party to an adjudication introduce evidence that wasn’t previously disclosed if it fundamentally alters the original claim? The answer used to be no, but a recent judgment may have reversed this

  • Comment

    The wrong tool for the job

    2008-04-18T00:00:00Z

    You wouldn’t go to a chiropractor to have your teeth checked, so why go anywhere other than the TCC for a building dispute?

  • Comment

    Pleural plaques: Kicking up a dust

    2008-04-11T00:00:00Z

    In 2007 the Lords ruled that sufferers of pleural plaques could not seek compensation through the courts. But claimants could still succeed if they base their case on a breach of contract

  • Comment

    Non-compliance with pre-action protocol: Orange Personal Communications Services vs Hoare Lee

    2008-04-11T00:00:00Z

    This judgment arose out of an application by the remaining defendant in the claim, for a stay of the proceedings pending the implementation of the process laid down by the pre-action protocol for construction and engineering disputes. The claimant engaged Kier Regional Ltd to carry out the fitting out works ...

  • Tony Blackler
    Comment

    Reinwood vs Brown: Why their lordships were right

    2008-04-11T00:00:00Z

    The latest House of Lords decision to spell out the rights and wrongs of the Construction Act, and the JCT, was based on sound commercial logic

  • Comment

    Introducing McPFI

    2008-04-04T00:00:00Z

    A new form of PPP model is being tried out in Scotland that will affect the way projects are refinanced and how profits are distributed

  • Comment

    The death sentence is getting tougher

    2008-04-04T00:00:00Z

    The Corporate Manslaughter and Corporate Homicide Act comes into force on Sunday. Best to know what it entails now

  • Comment

    Aldi vs WSP Group: Piercing the cover field

    2008-04-04T00:00:00Z

    Many people automatically assume that the insurer will pay out simply because the premium has been paid when a claim is made. But there are certain grounds on which the insurer can refuse to pay

  • Melinda Parisotti
    Comment

    Collateral warranties: Lost and found

    2008-03-28T00:00:00Z

     The use of the word ‘costs’ instead of ‘losses’ in collateral warranties can cause much confusion as to what exactly is being referred to and who is liable for what

  • Comment

    The Pinnacle development: Bad vibes

    2008-03-28T00:00:00Z

    The office of the London insurer Hiscox is next to the site of the Pinnacle and the latter’s demolition works are causing no end of trouble between them. But can Hiscox make the work stop?

  • Tony Bingham
    Comment

    Cantillon vs Urvasco: Adjudication á la carte

    2008-03-28T00:00:00Z

    The case of Cantillon vs Urvasco suggests that the parties, the adjudicator and the enforcing court have a great deal of latitude when it comes to presenting arguments and judging them

  • Comment

    Court refuses to enforce adjudication: Rhode vs Markham-David

    2008-03-28T00:00:00Z

    Judge Thornton heard an application for summary judgment in respect of the enforcement of an adjudicator’s decision, and gave permission to defend. This cases deals with the hearing of that defence. Mr Rhode as builder carried out work for Mr Markham-David in 1999. Work went well until the parties fell ...

  • Comment

    Supercasinos: Manchester’s legal gamble

    2008-03-20T00:00:00Z

    Manchester council says it may sue over the decision to axe the supercasino. But will it succeed? And what are the wider questions for construction?

  • Comment

    Reinwood vs Brown: You again?

    2008-03-20T00:00:00Z

    The highest court in the land has just given its second decision on the Construction Act. Never mind the parties, it’s two wins out of two for the JCT…

  • Comment

    An unfair adjudication: Humes Building Contractors Ltd vs Charlotte Homes (Surrey) Ltd

    2008-03-20T00:00:00Z

    Humes Building Contractors Ltd sought to enforce by way of summary judgment an adjudicator’s decision for £158,486.26 plus VAT. The building contract was based upon a JCT Intermediate Form of Building Contract with Contractors Design 2005 Edition. Relations between the parties deteriorated and the defendant purported to terminate the contract ...

  • Ann Minogue
    Comment

    That’s the way the money goes

    2008-03-14T00:00:00Z

     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