Legal Comment – Page 48
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CommentLiquidated damages: The unlikely LADs
A court struck down a liquidated damages clause because when the value of the contract was reduced, it became disproportionate and ‘unconscionable’
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CommentCollaborative working: Age of the team players
The industry has a number of tools to help focus collaborative working. So, is partnering still the future of construction?
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CommentChain of indemnity
A look at a case where an indemnity clause was found to be applicable despite the beneficiary being at fault
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CommentFor all practical purposes
A case on the familiar topic of a professional’s duties in certifying practical completion
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CommentLearning to get ahead of the game
Stereotypical substandard student accommodation is changing
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CommentRisky business
More than 80% of the industry complain that contract obligations are becoming too complex. But guarding against risk early on could save money
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CommentPayment abuse: Won’t pay, must pay
Don’t underestimate the challenge. It’s time to beef up the Payment Charter
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CommentLet’s talk about it
A High Court decision says parties to a dispute may be obliged to first to enter into friendly discussions
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CommentThe cost of avoiding disputes
Can we learn from earlier arrangements to reduce disputes later?
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CommentWhy did you sign that?
Identifying who is liable if that dream property purchase turns into a nightmare can be difficult
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CommentAnother brick in the wall?
There are contractual solutions to guard against building material shortages
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CommentProperty: Waving a green stick
Plans are afoot to compel private landlords to make energy efficiency improvements to their properties
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CommentNo messing north of the border
This case from the Scottish Court of Appeal reiterates the point that adjudication should not be held up by minor technical points
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CommentInsurance: Living with uncertainty
Insurance can help projects thrive by limiting uncertainty but developers must take initiative in developing their programmes
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CommentChallenging times
In regards to procurement, the public sector is already held to a far higher standard than private clients
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CommentHealth as well as safety
The HSE wants to consolidate the message that exposure to hazardous substances and dusts containing silica is as much of a health risk as on-site safety
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CommentTermination at convenience
Terminating a contract is never an easy call to make, and it could have a strong impact on later damages payments should you act too hastily, as these cases demonstrate
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CommentNew homes insurance and lost deposits?
A recent TCC judgment involves claims by a number of parties in respect of lost deposits paid for new flats
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CommentA case for compensation
A case in Ireland considered some of the clauses surrounding compensation events in the NEC3 suite of contracts
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CommentThe Freedom of Information minefield
Parties are using the Freedom of Information Act to strengthen their positions, so be aware when working with a public body that it may have to disclose information you’d rather it didn’t