Legal Comment – Page 53
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CommentWalkie Scorchie: Warming up
Right to light cases are traditionally fairly straightforward, but could the ‘Walkie Scorchie’ effect change all that? Richard Manyon considers some of the issues
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Comment2014 predictions: Wishful thinking
Ann Minogue offers some hopes and predictions for 2014, and has a bone to pick with the construction industry’s fairy godmother …
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CommentConstruction Act: Super size me
When parliament served up adjudication in the Construction Act, it intended it to be a fast, cheap way of sorting out a dispute. But it’s turned into something much bigger than that.
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CommentProtocol, efficiency and buzzwords: in defence of BIM
Tony Bingham’s provocative article kicked off a valuable debate. Let’s look at some of the truths about BIM
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Comment2013: Unlucky for some
Lawyers had plenty to keep them busy this year, with duties of good faith in commercial contracts, lawsuits over blacklisting and confusion over changes to court rules
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CommentSoft Landings: Extra cushions
The Government Soft Landings initiative is designed to keep the project team involved in the operation of public buildings post-completion. But what are the contractual implications?
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CommentHealth and safety: Risky business
Health and safety is a live issue and will remain in the headlines for the foreseeable future. As construction activity picks up, it should not fall down the list of priorities
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CommentAdjudication: Fit for purpose?
Is adjudication serving to resolve small payment disputes and provide cash flow?
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CommentEarly payment schemes: The industry disease
Construction firms claim their early payment schemes give them flexibility, but critics say they are unfair to subcontractors and are killing growth. So who’s right?
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CommentContracts: Beware the short cut
Many subcontracts try to incorporate main contract terms with a simple phrase or two. But such quick fixes can easily come unstuck - what you really need is certainty
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CommentProfessional advice: The wrong trousers
If you wanted advice on a medical matter, you wouldn’t turn to your butcher, so why go to a landscape architect when you need design advice? Choose the right person for the job
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CommentContract fatigue?
The continuing desire to bring new standard form contracts to the market is astonishing – maybe the construction industry should adopt a new year’s resolution
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CommentAdjudicator jurisdiction: The challenge
This case is useful in exploring issues around whether an adjudicator can have jurisdiction to hear a dispute if there is no contract in writing
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CommentRectification of contracts: Correction facility
Rectification of contracts is not granted lightly by the courts. But where clauses have been intentionally doctored in drafting, this remedy still has an important role to play
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CommentBuilding maintenance: Someone to watch over me
Whatever the law says, construction folk should raise an almighty stink when buildings such as hotels are not maintained to the latest standards. Public safety may depend on it
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CommentExpert shopping: They're not just for Christmas
Choose carefully when picking an expert to support your case – replacing them if they don’t provide the answers you want may prove difficult
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CommentWorth the paper it's written on?
We take a look at the difficult subject of policy wording, and how some insurers are being accused of using warranties and conditions to walk away from claims
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CommentThe class of 2018
Demand for school places is set to rise rapidly over the next few years, particularly in inner-city areas. Does the system need adjusting to free up more land for development?
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CommentA problem shared
Net contribution clauses protect companies from taking all of the blame if another liable party has become insolvent. But it’s important to be sure whose work it covers
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CommentMuddled indemnity
The losing party refuses to pay an adjudication award for fear that the winner will go bankrupt before they get to court. Can the winner’s insurers be of help? Don’t bank on it …