Dominic Helps
CommentPre-action protocol: Room for improvement?
The TCC pre-action protocol is due for review – but do solicitors working in construction law think it needs major change?
CommentMandatory cost budgeting: Counting the cost
Construction legal experts debate the highly controversial subject of mandatory cost budgeting
CommentSacred and profane
Tony Bingham’s surprise at the decision in Acardis vs May & Baker missed the point. Far from a clash between ‘high church’ and ‘secular’, it represented a victory for common sense
CommentConstruction Act: One year on
It is one year since the amended Construction Act came into effect - a landmark that has gone almost unnoticed. This might be because the amendments have had such little impact
CommentWalter Lilly vs Mackay: A question of timing
A recent judgment has ended once and for all the long-running debate over who takes a hit when both parties in a contract have contributed to delays
CommentPrivileged position: How claims consultants can protect themselves from disclosure
Claims consultants may not have the same legal professional privilege as practicing lawyers, but they can explore another route to protect themselves from disclosure
CommentHarmonising contract law: Europe's meddling
The introduction of an optional instrument to harmonise contract law throughout Europe could muddy the contractual waters and leave uncertainty in its wake
CommentQuantum issues
When defects emerge after work is complete the immediate concern is rectifying them. But how you do that will affect the quantum issues in court and how much you recover
CommentEU-wide construction law: It’ll be back
You may have thought the idea of an EU-wide construction law was killed off in the nineties, but somehow it has just staggered to its feet. Time to be afraid
CommentThe devious department
The government has a long way to go to establish itself as a best practice client if this example of its conduct during the foot-and-mouth outbreak is typical
- Comment
… and justice for all
Introducing conditional fees would be a quantum leap for the civil justice system. It'd give better access to justice – but it wouldn't be without risks, either
- Comment
Breaking down barriers
The Association of Consulting Architects has launched a standard form that aims to write partnering into the contract. This is the first of two articles assessing its chances of, in effect, legislating for virtue.
- Features
A natural reaction
The Discain case has fuelled the debate over the conduct of adjudications where one party feels there has been a breach of natural justice that affected the outcome.
- Features
The best of three
When a contractor tried to stop an adjudication by questioning the referee’s jurisdiction, the judge knocked down its arguments one by one, but it was the last that proved most interesting.
- Features
Is the act bankrupting us?
Despite healthy orders, insolvencies seem to be on the increase. Are firms pushing the self-destruct button to avoid paying when they lose adjudications? And if they are, what can you do to get your money?
- Features
Rough justice is still justice
Justice? You get that in heaven. Down here you’ve got the law. And adjudicators aren’t even as consistent as the courts – they’re more like a referee at a football game. But, then again, you try playing without one …
- Features
Entering extra time
A client makes a change to its building, so the contractor wants more time to build it. Believe it or not, the law was vague on how the extra time should be assessed. Now it may be clearer.
- Features
Macob, Outwing – now A&D
On 23 June, Judge Wilcox passed down what could be a landmark ruling when he gave a summary judgment in favour of A&D, a subcontractor seeking enforcement of an adjudication decision.
- Features
Breaking the speed limits
Adjudication offers rapid, cheap claims resolution, but has been hamstrung by doubts about how the courts would deal with it. After the latest pronouncement, however, everything is becoming clear.
- Features
Keep it covered
Legal cost insurance is a welcome option for smaller firms that have to submit to the threat of conglomerate litigation fees, whether they win or lose.