All Legal articles – Page 31
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CommentLegal: Claiming for remedial work
If remedial works are needed, what steps should be taken to recover the costs?
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CommentLegal: Dissecting delay
Tony Bingham recommends two new books for 2018. Both deal with delay and disruption in construction, but in very different ways
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CommentLegal: Who gets the money?
When a main contractor goes bust, can the courts assume that the employer has set up a retention fund for subcontractors – even when it has not?
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CommentLegal: Carillion - no turning back
It’s time for a radical rethink on payment security and procurement, says Rudi Klein – the Carillion business model is bust
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CommentLegal blog: What should Carillion subcontractors do next?
Firms owed money by the failed contractor need to act quickly to have any hope of recovering any money
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CommentLegal: BIM - it's what you do with it
Peter Hibberd cautions that BIM’s effectiveness in preventing disputes depends on good practice in tackling known issues
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CommentLegal: Carillion and a shift in risk
Given that Carillion’s abandoned contracts have been partly blamed for its demise, any firms that pick these up should ensure they renegotiate the risk balance before signing a deal
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CommentChelsea FC: Shining a light on neighbourly rights
Hammersmith and Fulham Council’s decision has implications for Rights to Light
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CommentLegal blog: Acting on sexual harassment
With sexual harassment under the spotlight, employers need to be aware of the procedures to follow if an allegation arises
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CommentLegal blog: Who pays the bill for Grenfell?
Jeffrey Brown considers building owners’ potential liability claims against architects and contractors for replacing high-rise cladding
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CommentLegal blog: Is adjudication worth the cost?
Obstacles to recovering adjudication costs mean it might not be the best choice for complex disputes, write Akin Akinbode and Tracey Summerell
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CommentLegal blog: A race to keep up with the times
Sheena Sood looks ahead at the challenges likely to dominate 2018, including cyber-crime, payment abuse, and mega-consolidation
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CommentCase in focus: adjudicator’s reasons
Where the decision did not explain why a set-off defence had been rejected, had the adjudicator failed to exhaust his jurisdiction?
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CommentAll change in the FIDIC forms
Seventeen years after the FIDIC forms first arrived, a second edition has been issued. The new Red, Silver and Yellow books focus on greater clarity in parties’ obligations and avoiding/resolving disputes as the contract proceeds
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CommentLegal blog: The proposals that got away
Sir Michael Latham, who died last month, changed the way the construction industry operates but there’s some way to go before the vision set out in Constructing the Team is fully realised
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CommentLegal blog: Carry your own can
Jim Alexander warns independent experts to stick firmly to the scope and duties of their role – those who fail to do so can’t shift blame and liability elsewhere
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CommentLegal blog: how not to meet a sticky end
Steven Carey explains why the Court of Appeal ruled that the need for payless notices applies to final payments as well as interim ones
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CommentCase in focus: Payless notices
An effective payless notice must include an explanation of the grounds for withholding, a headline figure and a calculation showing how that figure has been produced
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CommentAnd about time too
The review of the Construction Act is more than welcome to Tony Bingham, who can hardly wait to see an end to the misapplication of 28-day adjudication as a dispute resolution process
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CommentLegal blog: On demand or on default?
Victoria Peckett explains how to distinguish between a payment guarantee that applies only in the event of a default and one that can be invoked on demand