Legal – Page 112
-
CommentApportioning loss between a designer and a contractor
Where a designer and a contractor both contributed to a defect, the losses are normally split 20/80. But if the designer’s duties increase, so do its apportioned costs
-
CommentInterim valuations: Doing the sums
Most of us think that a withholding notice is a must if an employer wants to hold back any sums due. But one judge says this only applies to sums in interim valuations
-
CommentJCT contracts and the Construction Act
All standard contracts are being revised to conform with the new Construction Act, and the JCT is the first to unveil its payment terms. Here are the changes you need to know
-
NewsHackney Empire sues Aviva for £1.1m over bond dispute
London theatre funded by Alan Sugar in legal case that could affect use of construction bonds
-
CommentJudges: So very PC
Judges have a reputation for being stuffy and old fashioned. But they’re actually as tech-savvy as teenagers and use their skills to speed cases through the courts
-
CommentConsequential loss: Network Rail
Consequential loss following a negligent act can mean big money in compensation. Just ask Network Rail
-
Comment
The Tolent clause: Making a horlicks
Last week the government gave the all clear for the new Construction Act, completely failing to listen to the industry’s concerns about the Tolent clause loophole
-
-
CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
-
NewsCourt approves £32m refurb of Old Trafford
Derwent’s objection against development of cricket ground is dismissed
-
CommentAdjudication: Use some judgement
Too many adjudicators are out of touch and, frankly, incompetent. Now a senior judge has stepped in with a suggestion on how to improve - he wants them to be more like him
-
Comment
Whiff of victory
A group of residents accused a landfill site operator of causing a ’nuisance’ with unpleasant odours, but the company’s environmental permit gave it protection
-
CommentBecause I’m worth it
Contractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
-
Comment
Difficult jurisdictions: Russia
Today the Bribery Act comes into force, creating a new risk of being prosecuted for offences committed abroad. With this in mind, Chris Hill focuses on the challenges of operating in Russia
-
NewsSubbies may have to pick up adjudication costs
Government fails to close legal loophole over so-called “Tolent” clauses
-
NewsMiddle-sized firms at greatest risk of breaching Bribery Act
Survey finds only 16% of small to medium-sized firms have anti-bribery training in place
-
CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
-
CommentArbitration: See you all in court
It’s a fact of construction that spats often occur between more than two parties on a project - and arbitration isn’t the best way of dealing with complex multi-party disputes
-
Comment
Implied terms and the Privy Council
Terms and conditions are stated in a contract, right? So what about all those implied terms that don’t make it into writing? The Privy Council has a view on this …
-
CommentThe liquidated damages clause: Red card
A 200-year-old law says you can’t penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness