All articles by John Redmond

  • John Redmond
    Comment

    Do your paperwork

    2013-10-29T10:35:00Z

    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

  • John Redmond
    Comment

    Life on the high fees

    2013-04-22T11:16:00Z

    Adjudicators were meant to deal with construction disputes ‘expeditiously and relatively inexpensively’. But the amount they charge is becoming increasingly hard to justify

  • John Redmond
    Comment

    Adjudication: Having the last word

    2012-09-14T00:00:00Z

    Don’t confuse adjudication and litigation. Judges don’t have to put up with as much chaos as the typical adjudicator

  • John Redmond
    Comment

    Letters of intent: Use with caution

    2012-06-15T00:00:00Z

    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

  • John Redmond
    Comment

    Dispute boards in the UK

    2012-03-30T00:00:00Z

    They’re endorsed by the World Bank and pioneered in the US, so why are dispute boards not more widely accepted in the UK?

  • John Redmond
    Comment

    Meddling with VAT invoice clauses can sting you

    2012-01-13T00:00:00Z

    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

  • John Redmond
    Comment

    Mediation: When's the best time?

    2011-11-18T00:00:00Z

    At any stage in a dispute there are reasons to reject mediation, but, says John Redmond, that doesn’t mean you should

  • John Redmond
    Comment

    International arbitration: A city on edge

    2011-09-02T00:00:00Z

    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 …

  • John Redmond
    Comment

    Tolent clauses: Read but don't weep

    2011-07-22T00:00:00Z

    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

  • Comment

    No more privileges

    2011-04-15T00:00:00Z

    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?

  • John Redmond
    Comment

    Just cause and impediment

    2011-02-04T00:00:00Z

    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?

  • John Redmond
    Comment

    Pre-action disclosure: Show trial

    2010-10-29T00:00:00Z

    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

  • Comment

    Expert determination: A short cut through a swamp

    2010-05-14T00:00:00Z

    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

  • Comment

    Construction contracts: Unintended consequences

    2010-02-26T00:00:00Z

    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

  • John Redmond
    Comment

    Return of the arbitrator

    2009-11-27T00:00:00Z

    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

    2009-09-04T00:00:00Z

    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?

  • Comment

    Shot by both sides: Collateral warranties for project managers

    2009-07-03T00:00:00Z

    Project managers are liable to the client for all kinds of weird things, but now some contractors are asking them to sign collateral warranties

  • John Redmond
    Comment

    Tricks with contracts: PFI and the Construction Act

    2008-12-19T00:00:00Z

    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

  • John Redmond
    Comment

    A matter of some interest: Ruttle vs secretary of state for the environment

    2008-09-05T00:00:00Z

    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

  • John Redmond
    Comment

    NEC: Smooth operator

    2008-05-02T00:00:00Z

    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