All Legal articles – Page 20
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CommentWhen is a breach not a breach?
If a contract is not specific about what constitutes a breach, how bad do things need to get to justify termination?
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CommentPushing up pension powers
Anne-Marie Winton on the strengthened regulatory powers the long-awaited pensions bill will contain
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CommentCracking the code: Dealing with defective housing
Francis Ho discusses the government’s proposals to improve redress for buyers of new homes
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CommentEarly neutral evaluation: Get a jump on the outcome
A new kind of ADR, called early neutral evaluation, aims to give parties an idea ahead of time about which way a dispute will go
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CommentTall tower procurement
Jill Hamilton considers what procurement approach is best for the construction of tall buildings in the light of the Hackitt report
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CommentCan subcontractors raise the same claim twice?
Having raised a claim at an earlier stage does not necessarily entitle a subcontractor to raise the same claim later
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CommentDon’t let HS2 send you off the rails
With HS2 up in the air, it’s wise for those in the supply chain to review their contract position ahead of possible cancellation
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CommentLegal abroad: Doing business in Dubai
Beginning our new series on the legal issues to consider when operating abroad, Alain Farhad, Mark McMahon and Ali Auda look at Dubai
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CommentDon’t you dare miss a step: mediation and arbitration
Does a mediation clause in the contract make it unlawful to proceed directly to arbitration, even after termination?
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CommentCase in focus: Martin vs McLaren Construction Ltd
Ted Lowery considers an unsuccessful call on a personal guarantee
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CommentConditions precedent in building contracts
What are conditions precedent meant to require from a contractor in a claim for extra time or money?
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CommentSolar panels have a right to light
Overshadowing of solar panels has been ruled to be a material consideration in planning
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CommentConstruction contract mistakes: That wasn’t quite what we meant
When rectifying contracts to fix drafting mistakes, what happens if the parties disagree on what was meant?
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NewsWillmott Dixon and Hackney row over defects on resi block
Contractor’s housing arm Willmott Partnership Homes disputes ‘many’ of council’s claims
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CommentReverse VAT is a backwards step
Reverse-charge VAT is an awful idea – subcontractors depend on the taxation time-line delay to ease their cash flow
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CommentForce majeure: Use with caution
Liability exclusion or force majeure clauses don’t always work as intended, so draft your contract carefully, says Stephanie Canham
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CommentLegal: Beware the adjudication time bar
The first court decision to apply the NEC time bar for non-Construction Act disputes is revealing
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CommentLegal: A contract means what it says
Robert Akenhead explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs
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CommentParent companies beware: you may still be liable
A cautionary tale for companies with subsidiaries operating overseas
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CommentA new model for mediation?
Hot on the heels of TeCSA’s low-cost mediation service, the CIC has included a fixed-fee option in its new model agreement