Legal views – Page 51
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Comment'Un'-fit for purpose can be a very expensive experience
‘For a contractor, a fitness for purpose obligation tends to raise the hackles. But why?’
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CommentLetters of intent: The road to Hell
Letters of intent are often used while parties and their lawyers haggle over terms. But what happens when a contractor is required to work in accordance with terms still being discussed?
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CommentStorm damage: Under the weather
Last winter’s storms and flooding caused damage to existing buildings and those in the process of being constructed. But who bears the liability for delays to ongoing building projects?
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CommentSummary judgment: A cautionary tale
In this case, before Mr Justice Akenhead, the opportunity to spell out to would be claimants the implications of misguided proceedings was not to be missed
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CommentPutting a value on variations
The judgment in the case between MT Hojgaard and E.On highlights why employers should not use the variation process to deal with a breach of contract
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CommentBrazil World Cup 2014: Lessons from London
Brazil had seven years to prepare for the World Cup, but struggled to complete some work associated with the event on time. What could have been learnt from London’s handling of the Olympics?
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CommentPlanning performance targets: Not hitting the bullseye
Fast tracking the planning process is one way to tackle the housing shortage - but are planning performance targets having the opposite effect?
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CommentEU procurement directive: Size matters
A new EU procurement directive will soon demand new contracts for sizeable variations to public projects, but tread carefully: substantial is a subjective word
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CommentWho says it’s not fair?
The supply chain payment charter promises to end retention and lengthy payment schedules. But despite its subjective language it has a sting - you’re signing up to legal obligations
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CommentPutting our faith in BIM
The collaborative sharing of information across projects through Level 2 BIM certainly sounds good on paper. In reality, it relies on a level of trust that the industry has never been comfortable with
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CommentCIOB Consultancy Appointment: Appoint in Time
Last year the CIOB ‘s Complex Projects Contract stressed the importance of time and cost management. Now it is to be joined by a consultancy agreement as it transitions to a suite of contracts
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CommentHave your say on CDM changes
The HSE is asking for feedback on its draft CDM regulations so this is a chance for the industry to consider how the proposals will affect businesses and whether standards will be raised
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CommentNet contribution clauses: Make sure it's 'crystal clear'
Net contribution clauses have become common place in certain construction agreements such as consultant appointments, warranties and third party rights schedules in favour of purchaser and tenants
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CommentConditions precedent: Toe the line or else
The presence of condition precedent type clauses in contracts can turn a claim situation on its head
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CommentPutting paid to late payment
Whether further legislation can improve construction’s payment culture is debatable. It’s more about knowing your responsibilities and properly understanding the risks
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CommentAdverse possession: A possession of strength
Trespassers can acquire rights to vacant sites so developers need to be vigilant if they own land awaiting development, or are considering buying empty plots
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CommentFIDIC standard form: Rock steady ruling
A dispute originating in Gibraltar demonstrates how international cases can be brought to London’s TCC to take advantage of its specialist knowledge
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CommentBasements: Going underground
Basements may be an attractive proposition for homeowners and developers, but contractors need to take note of the legal considerations to avoid digging themselves into a big hole
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CommentLaker vs Jacobs: A complex case
This case is a good reminder of the court’s unwillingness to set aside adjudicator’s decisions where mistakes within the decision may be found to exist