All articles by Hamish Lal – Page 2
-
CommentRaising the time bar
Time bar clauses can provide a defence against claims for additional time and money. But when are they enforceable and why do two particular cases seem to show very different results?
-
CommentA new test for penalties
The Supreme Court has made a decision on how to better codify when a contractual provision is a penalty. What effect will the new classification have on construction contracts?
-
CommentRefs to review penalties
The law on liquidated damages is regarded by some as unworkable and now the Supreme Court is to look at penalty clauses. Its decision could have profound consequences for construction
-
CommentAnd here’s another one
Contractors sending out more than one payment notice in the hope that the employer will fail to respond to one of them with a payless notice, should take heed: the courts will have none of it
-
CommentCodifying PFI contracts: Sticking to the letter
How rigidly must you stick to completion criteria of a PFI contract when issuing a completion certificate?
-
CommentApplying English law in Scotland
When deciding whether or not to enforce the adjudicator’s decision, the court had to decide if the contract was assessed under the English or the Scottish Scheme
-
CommentAdjudication: Silence is not an option
A few weeks ago Tony Bingham wrote on challenges to an adjudication in the case of Twintec vs VolkerFitzpatrick. Here Hamish Lal questions some of his conclusions
-
CommentGalliford Try vs Lanes Group: Forum shopping
The practice of ‘forum shopping’ as mentioned in Tony’s article may be unappealing to some, but any attempt to legislate against it will cause a trolleyful of problems
-
CommentContracts in writing and SMEs
The rule that contracts have to be in writing is about to be scrapped, but SMEs in particular may mark its passing with regret
-
Comment
Dismissing contractors
An employer who finds a defect during construction may be tempted to dismiss the contractor. But the contractor can fire back that the work shouldn’t be judged until it’s finished
-
CommentPFI can’t take sting out of cuts
Public sector clients tempted to reintroduce cancelled projects as variations to existing PFIs may be breaking the rules
-
Comment
Hamish Lal: Bare realities
Hamish Lal The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today – including that the money will run out
-
Comment
Nuclear contracts: Ending in tiers
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
-
Comment
Going nuclear: contracts for decommissioning work
Everything you wanted to know about the nuclear decommissioning sector but were afraid to ask – explained to you in a three-part series starting with this overview
-
Comment
Something might get broken
‘The rough and tumble of normal commercial bargaining” can, clearly, be used to extract a good deal from the other side. But if one party abuses this power, the other could argue later that the resulting contract is not binding. Such an argument is founded on the legal doctrine of ...
-
Comment
Nuclear new-build: Proceed (with caution)
The nuclear new-build programme has a lot to offer, as long as you can navigate the regulatory and contractual minefield surrounding it
-
Comment
Don't, don't you want me
The JCT appears to have rejected the idea of incorporating the SCL delay and disruption supplement into its contracts – which has provoked a bit of a debate …
- Previous Page
- Page1
- Page2
- Next Page