James Bessey
James Bessey is a partner in the construction team of Blake Morgan
CommentLet’s legislate on home warranties
Better Building Regulations won’t help without systems to ensure adherence – that means legal minimum warranty standards
CommentFire safety: Are you covered?
Complying with Approved Document B on fire safety doesn’t guarantee you’re meeting the Building Regulations
CommentCan subcontractors raise the same claim twice?
Having raised a claim at an earlier stage does not necessarily entitle a subcontractor to raise the same claim later
CommentDouble your money or bust: Beware of retention of title clauses
These can leave a contractor paying twice for materials if a subcontractor goes bust
CommentWhat can new entrants into construction offer us?
James Bessey predicts what major changes to our rules and regulations new entrants to construction may expect to see
CommentLegal: The scariness of vicariousness
The courts have held an employer liable for a rogue data breach by an employee – although the company broke no rules. James Bessey explains why
CommentLegal: a knotty problem
James Bessey explains that a recent case showing nuisance can be caused by omission as well as action has implications for cladding fires
CommentTime to call time
A claimant tried to revive a dispute dating back to 1992 by alleging a fraud. But the court said it would not sit back and referee whatever games he wanted to play
CommentScoring an own goal
A benefit of arbitration is that it stops details of a dispute becoming public. But, as a case involving a football manager shows, if you challenge the arbitration you lose that advantage
CommentWill nobody notice?
A recent case has highlighted the role and significance of notices, which can get particularly complicated when there are funding and insolvency issues
CommentTime is money
A recent case highlights the complexities of the subcontractor relationship compared to that of employer and main contractor, in terms of extensions of time and delays
CommentSteps for the selector
Is it time for nominating bodies for arbitrators and adjudicators to review their appointment process?
CommentWitness compensation: Cab, please!
Witnesses can be paid ‘compensation’ for court appearances. But, as the case of a certain disgraced former DJ shows, you’re not likely to get paid a four figure sum. More like minimum wage
CommentBIM: If you want my advice…
BIM is increasingly being adopted by the industry, but who bears responsibility for recommending whether or not to use it in the first place?
CommentThe doctrine of frustration
What effects would the outbreak of war on the international construction market?
CommentThe Freedom of Information minefield
Parties are using the Freedom of Information Act to strengthen their positions, so be aware when working with a public body that it may have to disclose information you’d rather it didn’t
CommentForum shopping: Retail therapy
Tempting as it may be to shop around for your preferred adjudicator, the courts won’t look kindly on it - and you might end up with a longer dispute than you bargained for
CommentFinal account process in contracts: A final reckoning
Construction contracts often provide for wrapping things up in a final statement. But this process is absent in the NEC contract - something that can create significant uncertainty
CommentGood faith clauses
As Luis Suárez questions his contract with Liverpool, we look at the similarities between football and construction contracts - and what they can show us about good faith clauses
CommentHearsay evidence: He said, she said …
If a witness cannot be traced, then a party might need to rely on hearsay evidence. But getting the court to give weight to such evidence isn’t easy