All articles by Ian Yule
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CommentSettle now or later? Why the final account stage needs more attention
Given the benefits of holding fire, contracts should make more provision for resolving all disputes at the final account stage
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CommentAssistance for the insolvent – is it all one way?
Construction companies in financial straits have been helped by recent law changes, but limits to that assistance are important too
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CommentCan covid-19 justify an extension of time for evidence?
Although courts have been told to take account of the pandemic, this may not translate to a lengthy delay
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CommentHow can government improve the key legislation?
Three improvements that the new government should make to the Construction Act
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CommentWhen is a breach not a breach?
If a contract is not specific about what constitutes a breach, how bad do things need to get to justify termination?
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CommentWhen a black hole stays black: the limits of the transferred loss rule
The transferred loss rule can fill the black hole of damages claims where parties have no direct contract, but it has its limits
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CommentFinal account disputes - last but not least
Disputes over the final account can drag on for years, but the latest NEC and FIDIC contracts can help avoid that happening
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CommentIs the ICC target cost contract ready to compete with NEC?
Ian Yule explains the recently released ICC target cost contract and weighs it against its main rival as an engineering contract, the NEC
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CommentLegal: Taking the long view
Ian Yule looks at how the courts have interpreted clauses on good faith and co-operation in long-term maintenance contracts like PFI
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CommentIt ain't put your feet up time
Just because an employer’s own actions have delayed completion does not necessarily let the contractor off the hook, explains Ian Yule
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CommentLegal blog: Traps for the unwary
The latest revision of the New Engineering Contract, NEC4, could cause a few headaches for the employer’s project manager
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CommentFact versus forecasts
How should the monetary effects of compensation events be assessed months after the event itself? There are two different schools of thought on that
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CommentIt was never a problem before
The rule of ‘estoppel by convention’ is increasingly significant in disputes about payment or payless notices. So, what is it and what do the courts say about it?
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CommentMind the gaps
When words are removed from a contract, deciding what to bring back into the court room can be a tricky business. A recent TCC case provides an example
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CommentAdjudication: The corrections
Judges in the TCC will usually say that adjudicators’ decisions are there to be enforced. But a Part 8 procedure can be used to alter final decisions on self-contained legal points
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CommentConstruction Act: In out – shake it all about
The power/process plant exemption to the Construction Act no longer makes sense
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CommentQuantum meruit: Just desserts
It seems only fair that a party should be paid a reasonable amount for the work it performed. But the courts have taken a nuanced approach to quantum meruit claims
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CommentEeny, meeny, miny, moe
Should you choose arbitration or High Court for your dispute resolution clause? Steep rises in court fees have made the choice trickier
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CommentICC: There’s a new guy in town
Many employers procuring civil engineering projects have turned to the NEC reluctantly and for want of any alternative. Now the ICC has positioned itself as a genuine rival
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CommentDesign obligations: Much obliged
If a contract contains a clause requiring reasonable care and skill and another stating strict design obligations, can once cancel out the other?