All articles by James Bessey

  • James Bessey
    Comment

    Contracts: Delay signing at your peril

    2016-11-25T07:00:00Z

    Starting on site without a contract can have major consequences. The more work that has been done and the more issues arising as a result, the harder it will be to get one signed off

  • James Bessey
    Comment

    Adjudication: All aboard

    2015-08-21T06:00:00Z

    Once you start adjudication you are tied in to the end of the process, unlike court proceedings where more emphasis is put on settling and cutting the cost spend

  • James Bessey
    Comment

    A stitch in time

    2013-01-15T07:01:00Z

    It’s best to serve payment and pay less notices on time, especially in a climate where insolvency is common

  • James Bessey
    Comment

    Amending contracts: Tweak havoc

    2012-09-28T00:00:00Z

    Amending an existing contract can make commercial sense, but the procuring party needs to take care not to open itself up to claims from the other original tenderers

  • James Bessey
    Comment

    The importance of witnesses: Suárez vs Evra

    2012-01-20T00:00:00Z

    When Luis Suárez ended up in front of the FA tribunal in the race row with Patrice Evra, both appeared as witnesses - and what we heard determined the case

  • James Bessey
    Comment

    LLPs: You’re not bullet proof

    2010-07-30T00:00:00Z

    Don’t be fooled by the apparent protection offered by a limited liability partnership - you could still find the family home is at risk if the LLP goes under

  • Comment

    Be careful what you wish for: Supplemental agreements

    2009-07-17T00:00:00Z

    The dire economy is prompting many parties to alter their contracts with supplemental agreements. But if you’re not careful, they may be worse than nothing

  • James Bessey
    Comment

    How to look good in public: Public Contracts Regulations

    2009-04-09T00:00:00Z

    If you want to venture into public sector work without falling flat on your face, then you’d do well to have a few evenings in with the Public Contracts Regulations

  • James Bessey
    Comment

    Do we still need Minter?: Late payments act

    2009-01-30T00:00:00Z

    The Late Payments Act compensates companies for the costs they incur while waiting for their money, so we may be able to say goodbye to an old bit of case law

  • Comment

    Who is he? And what is he to you: Adjudicator loyalties

    2008-12-05T00:00:00Z

    Here’s a puzzle for you: if A and B hire X to decide a dispute, and A and X have a previous relationship, can B tell A to get lost if X decides in favour of A? (Answer below)

  • Comment

    Look who’s footing the bill

    2008-06-20T00:00:00Z

    Using outsiders to bankroll disputes has been treated with some suspicion by the courts. But the construction industry would be well advised to explore it

  • Comment

    Aldi vs WSP Group: Piercing the cover field

    2008-04-04T00:00:00Z

    Many people automatically assume that the insurer will pay out simply because the premium has been paid when a claim is made. But there are certain grounds on which the insurer can refuse to pay

  • Comment

    I’ll get you later

    2008-01-25T00:00:00Z

    This is the story of a client that decided to sue a contractor but not its consultants. Then it changed its mind and went after them, too. The consultants claimed that this was abuse of process – but were they right?

  • Comment

    PC or not PC, that is the question

    2007-10-26T00:00:00Z

    James Bessey ‘Practical completion’, like beauty, is in the eye of the beholder, but if you get it wrong on a PFI project then things can turn very ugly indeed…

  • Comment

    Opening Pandora’s box

    2007-09-07T00:00:00Z

    The proposal to drop the ‘contracts in writing’ rule has won praise on these pages. But what this does is let the adjudicator decide what’s in the contract – with untold consequences for dispute resolution

  • James Bessey
    Comment

    A negative attitude

    2007-04-20T00:00:00Z

    Courts are reluctant to hear claims that make a negative case. But there is some room for manoeuvre – if you can prove a negative case in a positive way

  • James Bessey
    Comment

    A skip of one’s own

    2007-02-09T00:00:00Z

    If a skip has your name stamped on the side, that’s your skip, isn’t it? And anyone who takes it should jolly well give it back, right? Well, not always, as this cautionary tale demonstrates

  • Comment

    Gate Gourmet revisited

    2005-09-09T00:00:00Z

    Contractors who are thinking of growing their facilities management arms should be conscious of the risks concealed in a simple outsourcing deal

  • James Bessey
    Comment

    The Singapore grip

    2005-03-11T00:00:00Z

    Singapore is about to bring in its own version of the Construction Act. It has much the same aims as the English law but has a better grasp of the issues

  • Features

    The bitter truth

    2005-03-11T00:00:00Z

    It’s difficult for an expert witness to tell the party paying them that their case leaks like a sieve, but it is in everybody’s best interests that they do just that