All Legal articles – Page 3
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CommentWhat routes do contractors have to claim against cladding firms?
Contractors facing cladding claims from property owners have more than one possible route to claim in turn against the manufacturers
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CommentAdjudication offers speed – and not at any cost
High-speed dispute resolution such as adjudication may be imperfect, but cost makes it a better option than litigation
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CommentWhat are the consequences for missing contractual environmental and sustainability targets?
What are the consequences for missing contractual environmental and sustainability targets? asks Elizabeth Cully
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CommentSafety comes first in the JCT’s updated contract suite
Peter Hibberd unpacks the new JCT revisions, which embrace the Building Safety Act and the last year’s Building Regulations amendments
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CommentGrenfell shows it’s time to scrap design and build contracts
Design responsibility should not be forced onto the shoulders of builders, argues Tony Bingham
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CommentShedding new light on late payment
Provident vs Hexagon changes the game on late payment – do it twice, and the aggrieved contractor can walk
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CommentConclusive evidence clauses
A new ruling throws the use of conclusive evidence clauses into doubt
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CommentCollateral warranties get clarity at last
A new ruling has provided much-needed clarity on the use of collateral warranties in construction contracts
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CommentRecusal and the Post Office
When a party to a dispute anticipates losing, it may – as a desperate measure – seek recusal on grounds of judicial bias
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CommentThe right to request predictable work
Employers need to prepare for new workers’ rights legislation that comes into force this year
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CommentThere’s a lot to learn: construction law resources on and offline
Tony Bingham highlights a newly published construction law compendium and sets out a range of online resources – many free
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CommentThe Latham report, 30 years on
Constructing the Team called for a more collaborative industry approach and directly led to the introduction of statutory adjudication. But how well is adjudication working today?
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CommentSmash-and-grab claims – and how to avoid them
The contractual time limits on issuing payment and pay less notices are generally pretty tight – be mindful of your obligations or risk becoming liable for payment in full
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CommentCladding remediation liability under the Building Safety Act
The Court of Appeal has clarified the criteria by which the secretary of state should make decisions on liability for cladding remediation, and when developers might reasonably challenge them
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CommentLegal abroad: Doing business in India
Our series turns to the subcontinent, where potential uncertainty over arbitration has recently cast a shadow over this land of legion construction opportunities
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CommentFresh intentions: an update to the letter of intent form
The new standard letter of intent form has been published by the City of London Law Society
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CommentThe Post Office scandal and the fallibility of wanting to win
Expert witnesses are seen as unbiased, but they have a human flaw – the wish to win for their team. That’s part of what went wrong at the Post Office
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CommentProper contract execution is vital
Theresa Mohammed on a reminder to be express in the scope and terms of appointments and to properly execute contract documents
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CommentGet up to speed on heat network regulation
Operators, suppliers and developers of heat networks need to be aware of the evolving regulatory landscape, with new requirements coming in under the Energy Act 2023
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NewsSimon Tolson to stand down as Fenwick Elliott senior partner
Prominent lawyer steps back after 23 years at the helm