All Legal articles – Page 121
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CommentWhen is an adjudicator’s decision binding?
When there’s more than one adjudication in a dispute, then the decision made by the first adjudicator binds the others, right? Well, it all depends what kind of decision it was
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CommentThe insolvency exception to the pay-when-paid ban
The Court of Appeal ruling in Hare vs Shepherd gives out-of-pocket subcontractors a chance to challenge the insolvency exception to the pay-when-paid ban
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FeaturesHas the financial crisis killed the construction dispute?
Conventional wisdom says that this downturn will spark an explosion in legal battles as cash-strapped firms pursue the last penny from their partners. So why do disputes seem to be on the wane? Building and law firm Addleshaw Goddard gather a panel of experts to thrash it out
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CommentEarly neutral evaluation: A practical guide
Early neutral evaluation has some advantages over mediation, particularly if there is a point of principle at stake. But it can be costly, and it won’t provide a full legal answer
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Comment
Right to light
When there’s more than one adjudication in a dispute, then the decision made by the first adjudicator binds the others, right? Well, it all depends what kind of decision it wasr
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CommentCan councils stop Gove scrapping BSF?
Government could be forced to fund culled BSF projects after Judge forces issue into the High Court
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CommentChinks in the NEC armour
The NEC contract has been notable by its absence in disputes that end up in court. But recently there have been several judgments that point up some weaknesses
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CommentA little local difficulty
Tony Bingham When the communities secretary decided he couldn’t wait for the Localism Act to abolish regional spatial strategies, he didn’t count on Cala Homes
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CommentOutstanding novation
Rachel Barnes If no formal novation agreement exists between a contractor and a consultant but they act as if there was, a court may accept that the intention was to create an appointment
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Fancy a dip in the hot-tub?
Hot-tubbing, or concurrent evidence, is a tool that allows experts to tell the court how it is without being cross-examined. Charles Blamire-Brown looks at the pros and cons
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Comment
How to claim interest
There is no common-law right to interest when someone is late paying you, so providing for it in the contract is best. Even without that, you’ve still got a fighting chance
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CommentNo complaints: Holystone vs Volker Stevin
Here’s a court case of an adjudication that went to enforcement, in which all four arguments a party used in its defence were defeated …
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Dismissing contractors
An employer who finds a defect during construction may be tempted to dismiss the contractor. But the contractor can fire back that the work shouldn’t be judged until it’s finished
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CommentProving economic duress
Some construction clients are trying to force their suppliers to drop prices. But the courts will come down hard on those who rely on illegitimate threats and financial leverage
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CommentDifficult jurisdictions: Libya
In the first of a series on difficult jurisdictions, Chris Hill turns the focus on Libya where the opportunities are on a par with its challenges
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CommentLet’s rebuild our legal system
The fundamental truth about contract law is that those who use it don’t understand it, and so it endangers their survival. Shouldn’t the government rethink the whole thing?
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Comment
Future of education looks prefab
Local authorities were due to find out this week how much they will have available to spend on schools. Labour’s £55bn Building Schools for the Future (BSF) programme has been abolished and the coalition has pledged to spend £15.8bn improving the school estate.
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NewsCB&I must pay blacklisted worker £20k
Contractor is the first to face action in an employment tribunal after last year’s discovery of a blacklist
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NewsPickles: Localism Bill to be introduced "within days"
Secretary of state says that the bill will be introduced to parliament within “days”
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Comment
Common mistakes in ... multiparty disputes
In the third in a series on dos and don’ts on major projects, Ben Mullard offers his tips on how to better your chances of victory in multiparty disputes