Legal views – Page 3
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CommentEssential law: Termination, part three
As part of our essential law series, Sara Cunningham discusses how a right to terminate can be lost
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CommentAdjudicator fees: paying the piper ahead of the tune
Adjudicators demand payment up front for good reason – but it’s not a lien, as those aren’t allowed. They should be
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CommentA knotty nuisance: Japanese knotweed for developers
The legal implications of developing land adjacent to this highly invasive plant may be more extensive than you thought
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CommentExplaining the infrastructure levy
The proposed new levy, designed to replace section 106 agreements and the CIL, is now to be stuck in pilot phase for a decade. What does this mean for developers?
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CommentWill the JCT change how its contracts tackle insolvency?
Recent changes to insolvency law bring expectations of an amended approach in the upcoming new contract suite
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CommentShould your building register as higher-risk?
With the register now open for existing higher-risk buildings in England, principal accountable persons must make sure to register
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CommentThe developer remediation contract is full of confusion
Almost 50 developers have committed to fire safety remediation works under this government scheme, but clarity is severely lacking
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CommentCase in focus: BDW Trading Ltd vs Lantoom Ltd
A judgment concerning defective stone supplied for a residential project
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CommentWhen is a bully not a bully? Let’s look at Dominic Raab
Tony Bingham considers the curious question of Dominic Raab and how to tell the difference between bullying and effective management
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CommentLet’s pledge to boost women in adjudication
Two new initiatives aim to tackle the problem that women make up only 8% of UK adjudicators
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CommentClarity on time-bars in adjudication
A new ruling sheds light on the Limitation Act’s application to adjudication proceedings
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CommentTermination: how to get it right
A recent case on termination under contract and at common law provides guidance on complex post-termination disputes
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CommentParty on down: why the Party Wall Act doesn’t stand up
The Party Wall Act is not fit for purpose, as a recent dispute between Dagenham neighbours makes only too clear
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CommentMMC and the Building Safety Act
Offsite construction dovetails nicely with the new legislation’s provisions for tall buildings
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CommentDouble trouble: parallel process and adjudication
A contractor took its subcontractor to court halfway through an adjudication on the same issues. Then things got complicated
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CommentDecoding force majeure terms in contracts
A recent ruling has implications for the drafting and interpretation of force majeure and reasonable endeavours terms
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CommentEssential law: Termination, part two
As part of our essential law series, Carolyn Davies looks at what must be done when terminating a contract in order to avoid arguments and counterclaims
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CommentCase in focus: St James’s Oncology SPC Ltd vs Lendlease
A claim involving Lendlease Construction (Europe)
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CommentNever overlook the impact of price volatility when entering a contract
In a climate of strongly fluctuating prices and pressure on supply, provision for such risks must be factored into the contract
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CommentIf mediation drags on, don’t blame the referee
Day-long mediation can simply be too stressful an environment to produce a good result. But what’s to be done?