All articles by Ian Yule – Page 2
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CommentConstruction Act: Pay back time
Moves to speed up payment for the supply chain may have tipped the balance too far the other way and some subcontractors are cashing in
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CommentLetters of intent: The road to Hell
Letters of intent are often used while parties and their lawyers haggle over terms. But what happens when a contractor is required to work in accordance with terms still being discussed?
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CommentAdjudication: Running repairs
Adjudication has proved very successful in keeping construction disputes out of the courts, but the system needs a few tweaks to make sure it continues to operate smoothly
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CommentRectification of contracts: Correction facility
Rectification of contracts is not granted lightly by the courts. But where clauses have been intentionally doctored in drafting, this remedy still has an important role to play
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CommentAdjudication: Beat the clock
It is, of course, possible to get an adjudication overturned in court, but if the original case is heard only years after the event, things can get complicated
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CommentDirect payment clauses: Caught in the middle
An employer that gives itself the power to pay subcontractors direct if the main contractor does not, may find itself acting as a referee between two warring parties
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CommentConcurrent delays and extension of time
What happens when delays have been caused equally by client and contractor? Here are some thoughts from John Marrin QC
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CommentMultiple choice gives no answers
Raising one issue at a time in serial adjudications can lead to confusion all round - everything should be decided together
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CommentThe NEC and 'good faith' clauses
The New Engineering Contract’s requirement to act in a spirit of mutual trust could penalise over-zealous suppliers just as easily as slack clients
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CommentInterim decisions and disputes: The benefit of hindsight
Decisions made during a construction project that are later reviewed can split opinion, with some parties in a dispute asking an adjudicator to ignore what actually went on to happen
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CommentContracts and business common sense
The problem with common sense is that it’s not that common. At least now the Supreme Court has affirmed that you can use it if a contract is drafted in an ambiguous way
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CommentPFI projects: For fools rush in ...
With PFI undergoing a possible resurgence, contractors and consultants should apprise themselves of the risks involved before they sign up
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CommentArbitration: See you all in court
It’s a fact of construction that spats often occur between more than two parties on a project - and arbitration isn’t the best way of dealing with complex multi-party disputes
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CommentSuspend reality
Make sure you’re clear on the terms of a contract before suspending for non-payment. If you get it wrong, you could end up being burned
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CommentBad form: RIBA standard form
The RIBA’s standard conditions contain a few things for clients to worry about, the main one being that they have to pay their architect even if they forget to put a door in
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CommentPFI contracts: Chain of fools
The temptation to pass risk down the supply chain until it ends up with a man and a van should be resisted. Here’s why
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CommentAbout this turbine you sold me
An NEC form for the supply of high-value items has arrived on the scene to compete with the handful of contracts that already provide this facility. What’s the verdict?
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CommentThe home guard: Defective Premises Act
The Defective Premises Act protects the owners and occupiers of dwellings against shoddy workmanship. A recent case will help ensure that those at fault do not escape liability
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CommentGaps in the framework
If you’ve got a framework, a lot of contractual stuff is written into it. But there are still vital clauses that have to be agreed on the jobs themselves – so what happens if they aren’t?
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CommentJustice for all: Cost of litigation
Lord Justice Jackson is worried about cases in which the legal costs are so disproportionate that small firms are denied access to the High Court. So he’s got some suggestions
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