Legal views – Page 33
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CommentDifferences of opinion
Even if plans for a second independence referendum don’t come to fruition, Brexit could create a greater divergence between Scottish and English construction law
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CommentHousing white paper: Beware unknown unknowns
While the government is preoccupied with Brexit, the housing crisis has been laid at the door of local authorities and developers
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CommentDebts in paradise
A Caribbean case - marked by carelessness and potential illegality - highlights how horribly wrong a construction project can go. It also shows the specialist expertise of the TCC
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CommentBy implication
If contracting parties fail to agree a key term, making the contract unenforceable, can the courts imply a term to make their incomplete bargain into a binding contract?
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CommentPublic procurement: Not quite the end of the line
Procurement processes leave losers as well as winners. What happens if a firm chooses to challenge the decision?
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CommentPlay nicely – or else
Collaboration is the watchword under new forms of professional services contract- in fact, it’s now obligatory
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CommentCase in focus: Rectification of a contract
Could a contract that included an incomplete tender stage document be rectified?
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CommentStop playing games
Does an adjudication enforcement trump an insolvency moratorium? A recent case in the TCC has provided clear guidance on the issue
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CommentTaken on trust
Cash is king and nowhere is this truer than construction. Contractors should take steps to guarantee payment or be prepared to face the consequences
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CommentA cap in liability: The absolute limit
Contractual limitation of liability and whether such clauses say what they are intended to mean is an issue regularly aired in court
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CommentWho gets the bill?
A collapsed tunnel on a hydroelectric scheme left the contractor and employer in dispute about who should pay to have it rectified. So where does liability lie?
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CommentSimply fair
Understanding contractual provisions can be complicated but a solid legal framework that also reflects fair payment guidance is essential
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CommentRevolutionary reform
A study for TeCSA revealed an appetite for change in the pre-action protocol for construction and engineering disputes. That change came into effect towards the end of last year
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CommentJust sign here …
When you start a new business arrangement it is best to confirm the terms in writing. A recent spate of construction disputes show the risks involved in relying on oral contracts
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CommentIt was never a problem before
The rule of ‘estoppel by convention’ is increasingly significant in disputes about payment or payless notices. So, what is it and what do the courts say about it?
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CommentHad enough of experts?
Expert reports are not ‘expected or required’ in the new edition of the pre-action protocol for construction disputes. But construction claims have less chance of settling without them
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CommentCase in focus: Issuing payment notices
Was a contractor’s interim payment notice valid and, if so, had the employer issued an effective payless notice?
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CommentTurning the tide
Tidal power could revolutionise UK energy infrastructure. Here, the firm that advised on planning for Tidal Lagoon Swansea Bay describes the challenges of that landmark scheme
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CommentScoring an own goal
A benefit of arbitration is that it stops details of a dispute becoming public. But, as a case involving a football manager shows, if you challenge the arbitration you lose that advantage
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CommentDefects: Making it right
Contractors are expected to come back and repair any defects after completion of a scheme but if they refuse – or an employer does not ask them – who carries the cost?