Legal Comment – Page 73
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CommentThe Construction Act: Changes to consultants' payment processes
Consultants’ payment processes are traditionally very different to those of contractors. So how have they changed in the standard contracts since the new Construction Act?
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New asbestos regulations: What you need to know
Asbestos regulations are changing, and to avoid being hit with a whopping fine, like M&S, it’s worth taking note. Here’s a summary of some of the main points to bear in mind
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Dos and don'ts: Insurance on a major project
The latest in our dos and don’ts series guides you through insurance on a major project, from what to insure against to understanding what is not covered by a policy
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Changes to public procurement regulations
A round-up of the recent changes arising from the Public Procurement Regulations 2011
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CommentWhen does the new Construction Act apply?
Working out when the new Act applies is tricky, but looking at past cases might help
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CommentPublic procurement: Getting the hang of it
Public procurement rules aren’t there to be broken - Brussels’ orders. But it will help if you learn to juggle with their terms
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NEC3 and the global market: World domination
Although Tony Bingham and others criticise the NEC3 for its administrative burden, in the global construction market it has a vital role to play in good project management
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CommentNew feed-in tariffs: The impact for the construction industry
As feed-in tariffs for PVs continue to hit the headlines, what are the key changes are being proposed, and what is their potential impact?
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CommentOral agreements: All mouth no trousers
It’s easy for two parties to get dug in over quite trifling sums. Here’s a case in point that revolved around the question of oral agreements - only the lawyers enjoyed it
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CommentWhat's a clause intended to do? It may take precedence over its wording
Don’t rely on legal wording without considering the context of a clause, as a judge may look at its purpose instead
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The prevention principle: Fast forward
When a construction project is delayed nobody wants to take the blame. Here’s how the prevention principle might come into play
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CommentA quick guide to claims arising under a construction contract
A quick guide to the typical claims that may arise on a construction and engineering project
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CommentThe Construction Act: Changes to RIBA, PPC200, IChemE and ICC contracts
As well as the NEC and ICC changes, other bodies have updated their contracts in light of the new Construction Act. Here are the main points to look out for
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CommentU is for unliquidated, V is for variation
In the latest of our jargon-busting series, Michael Conroy Harris explains unliquidated damages and variations, for when a project doesn’t go to plan (or contract)
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CommentImpartial arbitration: Tapping into the unconscious
Arbitrators and adjudicators promise to be impartial, but can they be unknowingly biased towards one side?
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CommentThe trouble with letters of intent and the law
Here’s a case where a ‘side letter’ was relied upon to clarify the key terms under negotiation. The problem is that such documents may not be deemed legally enforceable
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CommentAussie rules: The Construction Act in Australia and New Zealand
There has been lots of coverage of the new Construction Act for England and Wales but what about similar legislation in other jurisdictions? Here’s a guide to the antipodes
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CommentBreach of public procurement rules: Henry Brothers (Magherafelt) Ltd & Ors vs Department of Education for Northern Ireland
This case shows that framework agreements can be set aside as a remedy for breach of procurement rules
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CommentBIM: Too many cooks
How do you keep track of what everyone’s up to on a design and build contract? You could use BIM, but it’s a rather complex and costly solution to the problem
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CommentThe TCC's new home: Roll with the times
The Technology and Construction Court is an increasingly valuable resource and area of expertise. Its new home reflects this and helps it perform on the world stage