Legal Comment – Page 23
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CommentCase in focus: valuation evidence
Ted Lowery on when repair costs trump diminution in value as a determinant of damages
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CommentThe £12m blame game
When 64 homes had to be demolished, the council claimed the architect had assumed responsibility for others’ errors
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CommentLegal: Implied criticism
The Court of Appeal concluded that parties can agree whatever they wish – even if it seems in hindsight not entirely fair
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CommentLegal: Facing up to mental health
Employers slack on staff mental health may face disability discrimination claims
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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
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CommentLegal: Cyber Security: smart buildings
Paul Glass and Jill Hamilton of Taylor Wessing’s cyber security team consider the benefits and risks of internet-enabled technology
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CommentLegal: operating under-covered
Steven Carey looks at problems in obtaining professional indemnity insurance for cladding-related work in the wake of the Grenfell fire
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CommentCase in Focus: how low can you go?
Ted Lowery on a judgment that slated one side’s jaundiced approach to quantum evidence
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CommentLegal: How BIM can bring us safety
Is BIM the hook on which to secure the golden thread of information that Hackitt says should run through every project?
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CommentCase in focus: Getting it done properly
A ruling says two disputes on the same project must use different adjudicators
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CommentA spanner in the works
The Pimlico Plumbers case highlights the rights of workers who fall between employee and self-employed contractor
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CommentLegal: Counting the cost of change
Lindy Patterson looks at how valuing compensation events under NEC is affected by a retrospective change in scope
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CommentLegal: Broken records can be expensive
Hannah Mycock-Overell explains how good record-keeping practices will help if disputes later arise
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CommentLegal: incentivising innovation
In the fifth part of our series on new technology, Andrew Keeley and Maeve Gantley consider whether construction contracts have a role to play in incentivising innovation
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CommentCase in focus: Insolvency
Could the decision in a second adjudication be relied upon to defeat a petition to wind up an employer for failing to pay the sum awarded in an earlier adjudication?
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CommentLegal: Taking the long view
Ian Yule looks at how the courts have interpreted clauses on good faith and co-operation in long-term maintenance contracts like PFI
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CommentGDPR: The 12 step approach
Tony Bingham explains the ins and outs of GDPR compliance, and how to make sure you don’t fall foul of the new data rules
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CommentLegal: Speaking doesn't make it so
A new and momentous Supreme Court ruling makes ‘NOM’ clauses banning oral modification far more effective
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CommentLegal: The benefits of escrow
John Hughes D’Aeth explains the protections offered to main contractors by a different kind of model form – the City of London Law Society’s newly published escrow agreement
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CommentLegal: Damages on account
Kieran Binnie explains how interim payment applications can be used to recover damages in advance