Legal views
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CommentAdjudicators should aim for an ‘industry result’
Adjudication’s rough-and-readiness is partly about getting a result that makes sense in industry terms – that just works
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CommentWhat will the Employment Rights Bill mean for construction?
Construction employers must prepare for the significant impact of this legislation
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CommentWill the CLC building control approval guidance be a gateway to success?
These short guidance notes aim to reduce rejections and delays by providing more clarity on what information to include in gateway 2 applications
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CommentStick to the payment process – or pay the price
A new ruling underlines the rigidity of the payment process: no pay less or similar notice, then no wiggle room in sum due
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CommentWhat the immigration white paper means for construction
The proposals are a potential minefield for the construction industry
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CommentBeware what you promise on WhatsApp – it could be a binding contract
Informal messages can form a binding contract even without formal documentation
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CommentWhen is an interim account not an interim account?
An employer attempted to argue that an interim application for payment on account wasn’t detailed enough, but the High Court disagreed
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CommentTarget cost contracts offer a promising pricing model
How does JCT’s new target cost contract compare to its NEC rival – and what are the benefits of this pricing model?
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CommentUnpacking the Building Safety Regulator reforms that aim to unlock high-rise delays
What operational changes are being made to help the Building Safety Regulator tackle the excessive gateway approval waits on high-rise residential schemes?
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CommentWhy an appeal ruling on negligence offers reassurance to valuers
The Court of Appeal has confirmed the two-step test for liability for negligent valuation, in a ruling on Bratt vs Jones
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CommentWill the gateway 2 building safety delays lead to more disputes?
As planning gridlock keeps schemes on hold and fingers are pointed, who will carry the can for delay costs? And will clients simply opt out of new-build HRBs altogether?
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CommentHow do collaborative contracts work?
NEC’s Peter Higgins explains the key differences between traditional forms of contract and the new collaborative breed
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CommentWhen does a contract clause count as a condition precedent?
A new appeal ruling underlines how failure to fulfil notice conditions can jeopardise any later payment claims
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CommentWhy are we seeing a surge in latent defects claims?
Remediation surveys prompted by post-Grenfell legislation are exposing other defects
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CommentAdjudication – what’s to be done? An ANB responds
What are adjudicator nominating bodies doing to address negative perceptions among users of adjudication? Robert Stevenson of TECSA responds to concerns
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CommentWhy it’s important to use everyday language in contract documents
Tony Bingham on DBS vs TCS and why standard form contract devisers need to get more everyday with their language
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CommentBarratt Supreme Court ruling highlights what the government should have done after Grenfell
The URS vs BDW (Barratt) decision highlights the government’s failure to formulate an effective response to Grenfell. Here’s what it should have done instead
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CommentHow landmark Supreme Court ruling clarifies liability and limitation on building safety
Construction professionals must now operate with heightened awareness of their long-term liabilities, in the wake of the pivotal ruling in the Barratt Homes case
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CommentLegal abroad: Doing business in Indonesia's fast-growing construction industry
With a construction market set to reach US$300bn this year, the new BRICS nation has great potential for UK companies
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CommentAdjudication doesn’t need to be complicated
Tony Bingham on a failed attempt to overturn an adjudication on the ground that it covered multiple contracts with slightly differing terms