John Redmond
CommentDo your paperwork
Design-and-build with novation is an attempt to reconcile the conflicting requirements of single-point responsibility and design control, but to work it needs clarity from the start
CommentLife on the high fees
Adjudicators were meant to deal with construction disputes ‘expeditiously and relatively inexpensively’. But the amount they charge is becoming increasingly hard to justify
CommentAdjudication: Having the last word
Don’t confuse adjudication and litigation. Judges don’t have to put up with as much chaos as the typical adjudicator
CommentLetters of intent: Use with caution
If work has to start before a full contract is in place, a letter of intent seems like a convenient solution. But beware - they can lead to all sorts of complications
CommentDispute boards in the UK
They’re endorsed by the World Bank and pioneered in the US, so why are dispute boards not more widely accepted in the UK?
CommentMeddling with VAT invoice clauses can sting you
Payment notices are being complicated by lawyers meddling with clauses relating to VAT invoices. This could invalidate the contract and lead to some nasty surprise
CommentMediation: When's the best time?
At any stage in a dispute there are reasons to reject mediation, but, says John Redmond, that doesn’t mean you should
CommentInternational arbitration: A city on edge
A case that jeopardised the future of the international arbitration business based in London has been ruled on by the Supreme Court. Here’s what it had to say …
CommentTolent clauses: Read but don't weep
The new Construction Act stands accused of letting contractors force subbies into picking up all adjudication costs, but that’s an overly pessimistic reading of the legislation
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No more privileges
The Supreme Court has stripped expert witnesses of their immunity from prosecution. But could the fear of being sued make them less likely to admit their mistakes?
CommentJust cause and impediment
Your subcontractor just isn’t up to scratch, so you fire him and hire someone else – but in doing so you stand accused of repudiating the contract. So what are your options?
CommentPre-action disclosure: Show trial
Arbitration has often been criticised for its lack of early disclosure. But in fact arbitrators are obliged to avoid expense, and this is one good way to do it
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Expert determination: A short cut through a swamp
Plumping for expert determination to resolve a dispute may sound like a quick, cheap, hassle-free alternative to adjudication or litigation. But it ain’t necessarily so
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Construction contracts: Unintended consequences
Here’s a curious story in which the drafters of a contract tried to save a little time and paper, and ended up fundamentally changing the nature of the agreement
CommentReturn of the arbitrator
The 100-day form of arbitration has received a resurgence of interest in recent times, and rightly so, as it has several advantages over adjudication
Comment‘Valid’ doesn’t mean ‘true’: withholding payment
A party that doesn’t want to pay another needs to issue a withholding notice with a reason why it’s not paying – but does this reason need to be reasonable?
CommentShot by both sides: Collateral warranties for project managers
Project managers are liable to the client for all kinds of weird things, but now some contractors are asking them to sign collateral warranties
CommentTricks with contracts: PFI and the Construction Act
A draft bill to outlaw ‘pay when certified’ clauses leaves PFI lawyers wondering how to secure reasonable cash flow for clients. Here are some ideas
CommentA matter of some interest: Ruttle vs secretary of state for the environment
It can be difficult to judge when interest on money owed starts to run. But firms will get short shrift from the courts if they claim without having issued an invoice first
CommentNEC: Smooth operator
The Olympic Delivery Authority has chosen the NEC contract in the hope that it will keep the job moving efficiently. But it will only work if it’s well enough resourced