All Legal articles – Page 129
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Comment
Defective work: Making amends
If you’re an employer cheesed off with a contractor’s work, it’s tempting to get someone else in to sort it out, then claim for the costs. Here’s why you should count to 10
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Comment
Contracts in writing
Until now, a contract has had to be in writing for a dispute to be referred for adjudication…
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CommentSimple game, tricky rules
Here’s a conundrum for you: What happens if part of a contract is within an adjudicator’s jurisdiction and part is outside? And if a decision is made on all of it, is it enforceable?
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CommentThe foundations of a good decision
From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson
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Face the facts
Part eight of the civil procedure rules is a useful tool for getting the court to make a declaration in your favour - but not if there is a dispute over what actually happened
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CommentThe salami olympics: how to spot a fraudster
The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here’s how to spot them
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CommentAn idiot’s guide to stupid questions
An implied term in a contract used to be defined as something that only a fool would ask about. Well, thanks to Lord Hoffman, it’s not quite that simple anymore
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NewsFormer Balfour Beatty employee loses unfair dismissal claim
Project manager Alan Dransfield was seeking £300,000 in lost earnings, claiming he was sacked for raising safety concerns
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NewsBAM Nuttall to repair Hochtief tunnel
Contractor to carry out £20m of work on structure that collapsed eight months after official opening
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CommentCourt isn’t all it’s cracked up to be
The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes – so why not adopt adjudication?
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Hamish Lal: Bare realities
Hamish Lal The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today – including that the money will run out
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CommentThe big law society
Ann Minogue The more disputes are settled in adjudication, the more likely it is that areas outside our industry will have a bearing on how construction law develops
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NewsCandy: Rogers was 'precious' about Chelsea design
CPC boss describes how architect refused to make changes requested by the London mayor
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News
Christian Candy gives evidence in Chelsea Barracks case
Counsel for CPC says Qatari Diar had "no lawful justification" for withdrawing planning application
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News
Rok Building vs Celtic Composting Systems
Our Fenwick Elliott expert discusses a dispute over the 'slip rule'
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All things considered
Adjudicators have it drummed into them that they should decide the dispute in the notice of adjudication. Here’s a case that shows there is some room for flexibility
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Expert determination: A short cut through a swamp
Plumping for expert determination to resolve a dispute may sound like a quick, cheap, hassle-free alternative to adjudication or litigation. But it ain’t necessarily so
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News
Crowley Civil Engineers vs Rushmoor council: Claiming a contribution
Out Fenwick Elliott expert describes a dispute over an open space in Hampshire
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CommentYour next assignment
James Duckworth and Charles Jakeman Transferring construction agreement benefits between parties requires care and attention, especially when dealing with the ‘no loss’ defence
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Running out of common sense
Shy Jackson One area where the judges are struggling to make up their minds is the ‘without prejudice’ rule. Here’s a rundown of the arguments, and the spats, among our learned friends