Legal Comment – Page 11
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CommentInternational arbitration – which system of law applies?
A recent Supreme Court ruling clarifies how to determine which country’s legal system should apply to an arbitration under an international construction contract
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CommentEssential law: Liquidated damages, part one
Our series on the basics of construction law moves on to liquidated damages. In the first of four articles, James Worthington and Carolyn Davies look at ways to challenge such clauses
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CommentAdjudication in insolvency: any further questions?
The latest instalment in the saga of adjudications involving insolvent companies brings more questions than answers
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CommentCovid risks are being shunted down the supply chain
Subcontractors should beware of sneaky contractual clauses that force them to carry the bulk of all covid risk
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CommentOmission of work – what’s the cost?
The recent case of Van Oord vs Dragados offers guidance on the pricing of compensation for omission of work
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CommentCasting light on novation and assignment
A recent judgment has offered a thorough and illuminating review of the principles around assignment and novation
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CommentGet CROSS and improve building safety
The new mandatory regime on building safety will be complemented by a voluntary scheme for industry-wide information sharing, implemented through expansion of the CROSS scheme
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CommentSmash and grab gets whacked
A recent case involving a ‘smash and grab’ adjudication shows that the courts will prioritise fairness over procedure
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CommentDoes business interruption insurance cover covid?
A recent ruling shows that if insurance is to cover pandemic risks in future, then policy wordings specific to the construction industry will need to be drafted
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CommentAssistance for the insolvent – is it all one way?
Construction companies in financial straits have been helped by recent law changes, but limits to that assistance are important too
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CommentCase in focus: MG Construction Ltd vs AGD Equipment Ltd
Ted Lowery considers a claim for defective piling equipment
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CommentSign the EWS1 form at your peril
The EWS1 form was meant to offer reassurance about fire safety, but in liability terms it’s a death trap for consultants
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CommentCan’t pay, won’t pay
How many steps does it take to get the losing party to pay up as ordered? Extraordinarily many, at times, as this case shows
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CommentEssential law: Variations, part four
Continuing our series on the basics of construction law, James Worthington and Vanessa Jones address the scope to omit works under a building contract
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CommentCan a duty of care be owed to a non-existent party?
Simon Lewis examines a case that clarifies the rules on when a duty of care can be owed to third parties
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CommentPayment abuse: let’s fix it
Almost three years after the government published its consultation on retentions, why has so little action yet been taken?
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CommentInsolvent companies are not barred from adjudication
The Supreme Court has ruled that the insolvency set-off rules do not trump the right to adjudication
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CommentKick-starting construction with minor works
Recent government initiatives have created opportunities for construction, especially minor works – but which contract forms should you use?
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CommentGood in parts: clarity on severance
An adjudication that is partially flawed can still be upheld in the areas in which it is sound, according to a recent appeal decision
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CommentThe Building Safety Bill explained
Three lawyers detail what measures the new legislation is likely to contain and how it will operate