Legal Comment – Page 60
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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
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CommentNEC3 contracts: The hole truth and nothing but
If only lawyers would get around to filling up the holes in the NEC3 contract
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CommentCPC2013: Top form
We need a new form of contract for complex projects that encourages a more scientific approach to risk management. Step forward CPC2013 …
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CommentLegal brief: Human rights vs adjudication
A decision by the Scottish Courts on Whyte MacKay Ltd vs Blyth and Blyth Consulting Engineers sets an interesting precedent
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CommentLegal brief: Multiple disputes?
Willmott Dixon Housing Limited vs Newlon Housing Trust leads to an interesting development in adjudication law
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CommentLeap of faith
Despite what the Court of Appeal decided recently, isn’t a doctrine of good faith what the industry desperately needs?
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CommentDirect payment clauses: Caught in the middle
An employer that gives itself the power to pay subcontractors direct if the main contractor does not, may find itself acting as a referee between two warring parties
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CommentDoing without lawyers
More people than ever are choosing to conduct their own construction case without using a lawyer. Fine, but it calls for a more hands-on approach from the referee
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CommentBeware restrictive covenants
Restrictive covenants can deal a fatal blow to a developer’s plans. So make sure you understand what effect a convenant will have on the development before you take the plunge
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CommentO ye of little faith
A recent Court of Appeal case confirms the traditional English hostility to a general doctrine of good faith in the performance of contracts
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CommentMaking a drama out of a crisis
Buildings and contents insurance is big business. But what happens when an insurer’s contractor’s subcontractor tries to get money from homeowners? In short, a bit of a mess
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CommentGuaranteed maximum prices: Berth pangs
Francis Ho dives into the topic of guaranteed maximum price provisions and discovers how the pricing provisions for the navy’s new submarine jetty in Scotland were sunk
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CommentUncharted territory: The Jackson reforms
Lord Justice Jackson’s cost reforms, which come into force on 1 April, will create a new landscape for litigation. How will this affect construction and engineering cases?
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CommentWhat implied terms imply
The question of what terms should be implied - and what they mean when they are implied - is often at the centre of disputes, as recent cases show …
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CommentAdjudication: A 63 lever arch file problem
Doubtless you’d feel miffed to have to wade through huge files of material in just seven days so you can serve your response. But don’t expect a court judge to take pity on you
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CommentContempt of court: Jailhouse rock
Here’s a case that started out as a workaday adjudication case and ended up with one party trying to get the other banged up in prison for contempt of court
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CommentTax compliance: Anything to declare?
New government rules mean that any contractors bidding for public projects will have to disclose a 10-year tax history - and any non-compliance will need a good explanation
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CommentLitigation privilege: Open secrets
If a document comes into existence for the purpose of litigation, privilege from disclosure can be claimed. But, as a recent case shows, it may be hard to persuade the court to allow the claim
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CommentLegal brief: HS2 consultation ruling
We look at the three key messages that can be taken from Mr Justice Ouseley’s recent rulings on legal challenges to HS2
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CommentNavigating mixed-use developments
The changing environment of work and planning will result in a lot more mixed-use developments - and there are many ways to make these pay