All Legal articles – Page 112
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CommentApportioning loss between a designer and a contractor
Where a designer and a contractor both contributed to a defect, the losses are normally split 20/80. But if the designer’s duties increase, so do its apportioned costs
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FeaturesHackney Empire vs Aviva Insurance: The Empire strikes back
This is the tale of a theatre project, backed by Lord Sugar, that landed its client with a £3.2m headache. Now eight years on there’s a legal battle over a bond between the insurer and the theatre owner
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CommentInterim valuations: Doing the sums
Most of us think that a withholding notice is a must if an employer wants to hold back any sums due. But one judge says this only applies to sums in interim valuations
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NewsHackney Empire sues Aviva for £1.1m over bond dispute
London theatre funded by Alan Sugar in legal case that could affect use of construction bonds
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Comment
The Tolent clause: Making a horlicks
Last week the government gave the all clear for the new Construction Act, completely failing to listen to the industry’s concerns about the Tolent clause loophole
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CommentConsequential loss: Network Rail
Consequential loss following a negligent act can mean big money in compensation. Just ask Network Rail
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CommentJudges: So very PC
Judges have a reputation for being stuffy and old fashioned. But they’re actually as tech-savvy as teenagers and use their skills to speed cases through the courts
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CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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NewsCourt approves £32m refurb of Old Trafford
Derwent’s objection against development of cricket ground is dismissed
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CommentAdjudication: Use some judgement
Too many adjudicators are out of touch and, frankly, incompetent. Now a senior judge has stepped in with a suggestion on how to improve - he wants them to be more like him
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CommentBecause I’m worth it
Contractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
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Comment
Difficult jurisdictions: Russia
Today the Bribery Act comes into force, creating a new risk of being prosecuted for offences committed abroad. With this in mind, Chris Hill focuses on the challenges of operating in Russia
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Comment
Whiff of victory
A group of residents accused a landfill site operator of causing a ’nuisance’ with unpleasant odours, but the company’s environmental permit gave it protection
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NewsSubbies may have to pick up adjudication costs
Government fails to close legal loophole over so-called “Tolent” clauses
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NewsMiddle-sized firms at greatest risk of breaching Bribery Act
Survey finds only 16% of small to medium-sized firms have anti-bribery training in place
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CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
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CommentArbitration: See you all in court
It’s a fact of construction that spats often occur between more than two parties on a project - and arbitration isn’t the best way of dealing with complex multi-party disputes
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CommentThe liquidated damages clause: Red card
A 200-year-old law says you can’t penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness
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Comment
Implied terms and the Privy Council
Terms and conditions are stated in a contract, right? So what about all those implied terms that don’t make it into writing? The Privy Council has a view on this …