All Legal articles – Page 35
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CommentConstructing a team
The concept of collaborative working has gained popularity since 1994’s Latham report but alliancing on big projects can be complex. New guidance is now available
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Comment‘Oops, sorry, I didn’t notice …’
Getting notices right under the contract can be critical to the success of your project. Pleading ignorance, or hoping things will be sorted out later, can lead to disaster
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CommentDifferences of opinion
Even if plans for a second independence referendum don’t come to fruition, Brexit could create a greater divergence between Scottish and English construction law
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CommentThe second post
Some cases involving standby letters of credit have been reassessed by the Court of Appeal. So what clarifications of the law were made this time around?
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CommentHousing white paper: Beware unknown unknowns
While the government is preoccupied with Brexit, the housing crisis has been laid at the door of local authorities and developers
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NewsRICS to publish global construction standard
Standard already being rolled out by some firms, including Arup
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CommentDebts in paradise
A Caribbean case - marked by carelessness and potential illegality - highlights how horribly wrong a construction project can go. It also shows the specialist expertise of the TCC
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CommentBy implication
If contracting parties fail to agree a key term, making the contract unenforceable, can the courts imply a term to make their incomplete bargain into a binding contract?
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CommentPublic procurement: Not quite the end of the line
Procurement processes leave losers as well as winners. What happens if a firm chooses to challenge the decision?
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CommentCase in focus: Rectification of a contract
Could a contract that included an incomplete tender stage document be rectified?
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CommentPlay nicely – or else
Collaboration is the watchword under new forms of professional services contract- in fact, it’s now obligatory
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CommentStop playing games
Does an adjudication enforcement trump an insolvency moratorium? A recent case in the TCC has provided clear guidance on the issue
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NewsMace set for more crunch talks on HS2 award complaint
Failed bidder for £170m role on rail megaproject in second meeting over controversial decision to appoint CH2M
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CommentTaken on trust
Cash is king and nowhere is this truer than construction. Contractors should take steps to guarantee payment or be prepared to face the consequences
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CommentA cap in liability: The absolute limit
Contractual limitation of liability and whether such clauses say what they are intended to mean is an issue regularly aired in court
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CommentWho gets the bill?
A collapsed tunnel on a hydroelectric scheme left the contractor and employer in dispute about who should pay to have it rectified. So where does liability lie?
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CommentSimply fair
Understanding contractual provisions can be complicated but a solid legal framework that also reflects fair payment guidance is essential
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CommentRevolutionary reform
A study for TeCSA revealed an appetite for change in the pre-action protocol for construction and engineering disputes. That change came into effect towards the end of last year
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CommentJust sign here …
When you start a new business arrangement it is best to confirm the terms in writing. A recent spate of construction disputes show the risks involved in relying on oral contracts
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CommentIt was never a problem before
The rule of ‘estoppel by convention’ is increasingly significant in disputes about payment or payless notices. So, what is it and what do the courts say about it?