Legal Comment – Page 70
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CommentPublic procurement decisions and EC rules
The unfair treatment of a Scottish council tenderer raises the question of whether EC procurement rules apply if the contract is of no interest to parties outside the UK
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CommentThe Olympics delaying other projects: the legal issues
If construction projects in London are hit by delays caused by the Olympics, who bears the risks? Not all contracts will have clauses to deal with this …
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CommentExpert witnesses of opinion: Takes one to know one
A negligence case against a professional often, but not always, benefits from the opinion of an expert in the same field
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CommentNew provisions in the Construction Act: To be judged
Different interpretations of the wording of the new Construction Act are causing confusion, and until the new provisions reach the courts this is unlikely to change
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CommentKnowing when time limits for legal action start
There are time limits for commencing legal actions but the really tricky part is knowing at what point the clock starts
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Tax changes in April: A trap for the unwary
Changes to capital allowances mean that from April, if you don’t get the tax treatment of fixtures for a new building right, you could be scuppering your chance to sell it
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CommentAfghanistan: The legal landscape
The decision to open up its mines may create a host of opportunities in Afghanistan for foreign firms - for those familiar with its legal system
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CommentThe urge to win in court: Playing dirty
Here’s a case that carries a warning to parties in a dispute that fighting your corner too viciously may cost you dearly in the long run
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CommentMinimising the risks if your contractor might go bust
A developer is in a tough spot if he suspects his contractor might go bust - insolvency is not a breach of contract, and if he terminates it incorrectly there may be trouble
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CommentTime to invest in training and education
The Joint Contracts Tribunal has been calling for an educated workforce - if only to keep them out of trouble
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CommentRefusing to mediate can be costly
If you refuse to mediate and the court deems this unreasonable, you’ll need to give a good reason why or face the consequences
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CommentAdjudicators 'taking the initiative'
Adjudicators on construction cases are allowed to ‘take the initiative’ to establish the facts but straying too far from the path can have severe consequences
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Know your novation: What's changed?
Novation may be a familiar story but don’t get complacent about it - there’s an unexpected sub-plot with hidden traps set by the Construction Act
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CommentBIM and legal issues: Model behaviour
BIM could throw up all kinds of legal issues around liability when a project goes wrong. A clear implementation plan is needed from the outset
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CommentCould Cala row prompt further planning guidance?
Ian Ginbey argues that Eric Pickles’ latest defeat may have repercussions across the planning system
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CommentPayment under NEC3: Project managers' interim assessments
This recent case highlighted the fact that interim assessments of valuations are generally valid - until proven otherwise
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CommentInformal legal advice: Breaking the 11th commandment
Judges will condemn any adjudicator who breaks the 11th commandment and asks a lawyer for advice on a case but doesn’t formally declare it
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CommentLegal disputes: The Olympics and Wembley
The notable lack of disputes on Olympic projects has been down to the openness of dialogue and willingness to share and exchange documents. If only Wembley had done the same
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CommentChallenging the methodology of an adjudicator
The judge took a dim view of this adjudicator adopting a different methodology to calculate a claim to that used by the parties involved, and his decision was not enforced
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CommentShepherd vs Pinsent Masons: What a carry on
You may hope that a long relationship with a law firm will ensure continuity of service. But if the firm merges or becomes a new legal entity, then watch out for what changes