Nick Lane
CommentThe new CIOB contract: read and then comment ...
Far from being overcomplicated, the new CIOB complex contract is as simple as it can be without becoming ineffective
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Don't bring back arbitration
Earlier this month Tony Bingham called for arbitration to be restored to its pedestal in construction contracts, but it was ripe for toppling
CommentDefine ‘late’: City Inn vs Shepherd
The case of City Inn vs Shepherd has already created debate over how delays should be treated. It also has much to say about JCT80’s treatment of when instructions are due
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Hidden agenda: the weakness of adjudication
Because it takes place in private, adjudication is preventing judges from developing construction law - and lawyers aren’t improving the contracts they draft
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A missed opportunity?
The new Pre-Action Protocol for Construction Disputes is to be welcomed. But it won’t stop some litigants from giving the other side the runaround.
CommentSeconds out
The second adjudication in HG vs Ashwell demonstrates exactly what’s wrong with adjudication: the people who dispense it must be better regulated.
CommentMuch ado about nothing
Pundits have suggested that the way JCT05 handles extensions of time has radically changed. Are their concerns well founded? Or do they protest too much?
CommentHow to be good
If you want to win a delay claim, it is crucial that the court approves of your choice of delay analysis - but how are you supposed to know which technique is ‘right'?
CommentListen, this is important
Delay analysis is too pivotal to disputes to remain shrouded in mystery or to be left to the experts. Here’s what you must understand about the four main techniques …
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Smile, you’re on camera
Delay and disruption disputes are horrendously complicated, but there is a practical way to back up your claim – take regular photographs of the works from day one
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How to run a seven-year marathon
It is crucial that the right procurement methods are put in place to deal with the apportionment of risk in the event of delay and disruption in the run-up to 2012
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Sharpening our beaks
Lord Woolf has shaken up the Technology and Construction Court by drafting in five High Court judges and ‘redeploying’ Judge Seymour. So what effect will this have?
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Pulling a fast one
It took just 22 days for Mr Justice Jackson to enforce the adjudicator’s decision in the Devonport case. So if the courts can work that fast, why adjudicate at all?
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Don’t fall for Redmond’s wind-up
So, John Redmond reckons the nuclear option is a good way to make reluctant (or broke) payers cough up, does he? Well, just remember it can easily backfire …