James Bessey

James Bessey

James Bessey is a partner in the construction team of Blake Morgan

  • james bessey bw 2018
    Comment

    Let’s legislate on home warranties

    2021-02-12T05:00:00

    Better Building Regulations won’t help without systems to ensure adherence – that means legal minimum warranty standards

  • james bessey bw 2018
    Comment

    Fire safety: Are you covered?

    2019-11-14T11:09:00

    Complying with Approved Document B on fire safety doesn’t guarantee you’re meeting the Building Regulations

  • james bessey bw 2018
    Comment

    Can subcontractors raise the same claim twice?

    2019-09-30T08:43:00

    Having raised a claim at an earlier stage does not necessarily entitle a subcontractor to raise the same claim later

  • james bessey bw 2018
    Comment

    Double your money or bust: Beware of retention of title clauses

    2019-08-08T05:00:00

    These can leave a contractor paying twice for materials if a subcontractor goes bust

  • james bessey bw 2018
    Comment

    What can new entrants into construction offer us?

    2019-04-30T05:00:00

    James Bessey predicts what major changes to our rules and regulations new entrants to construction may expect to see

  • james bessey bw 2018
    Comment

    Legal: The scariness of vicariousness

    2018-11-15T07:00:00

    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

  • james bessey bw 2018
    Comment

    Legal: a knotty problem

    2018-07-26T05:00:00

    James Bessey explains that a recent case showing nuisance can be caused by omission as well as action has implications for cladding fires

  • James Bessey
    Comment

    Time to call time

    2017-08-25T09:23:00

    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

  • James Bessey
    Comment

    Scoring an own goal

    2017-02-09T06:00:00

    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

  • James Bessey
    Comment

    Will nobody notice?

    2017-01-10T10:31:00

    A recent case has highlighted the role and significance of notices, which can get particularly complicated when there are funding and insolvency issues

  • James Bessey
    Comment

    Time is money

    2016-05-17T10:52:00

    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

  • James Bessey
    Comment

    Steps for the selector

    2016-03-10T06:00:00

    Is it time for nominating bodies for arbitrators and adjudicators to review their appointment process?

  • James Bessey
    Comment

    Witness compensation: Cab, please!

    2015-05-13T09:47:00

    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

  • James Bessey
    Comment

    BIM: If you want my advice…

    2015-01-28T08:43:00

    BIM is increasingly being adopted by the industry, but who bears responsibility for recommending whether or not to use it in the first place?

  • James Bessey
    Comment

    The doctrine of frustration

    2014-10-17T06:00:00

    What effects would the outbreak of war on the international construction market?

  • James Bessey
    Comment

    The Freedom of Information minefield

    2014-08-05T06:00:00

    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

  • James Bessey
    Comment

    Forum shopping: Retail therapy

    2014-04-15T11:25:00

    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

  • James Bessey
    Comment

    Final account process in contracts: A final reckoning

    2014-01-24T06:00:00

    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

  • James Bessey
    Comment

    Good faith clauses

    2013-09-06T06:00:00

    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

  • James Bessey
    Comment

    Hearsay evidence: He said, she said …

    2013-07-24T06:00:00

    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

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