Opinion – Page 610
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Comment
A friendly suit
The claimant, Roy Hammond, sought damages of £973,264 arising out of the repudiation of a contract to provide central heating and plumbing services to the 130 cottages and other properties on the Glynde Estate in East Sussex, of which the first three defendants were trustees and the fourth defendant was ...
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Death by Venice
The A-list of tourist destinations thrive on their history, uniqueness, beauty and immutability. Which is precisely what makes them so deadly
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Nil desperandum
As you know, it's a fat lot of use being right if you can't prove that you are. But are you completely sunk if you didn't keep 'contemporary records'?
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Enough to make you sick?
The story of the £87m Cumberland Infirmary in Carlisle should be triggering sirens and blue flashing lights at the Department of Health, Number 10 and the Treasury
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CommentLikely story
A naughty defendant forged his client's signature on a contract and tried a cash-in-hand tax scam. Unusually, it was the balance of probabilities that caught him
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Fledgling designers
Why do architects need to know how large their wings would have to be for unaided flight? Well, it's all to do with the gentle art of keeping engineers in hand
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When is a judge not a judge?
Can a judgment be valid if the judge had no jurisdiction? Well, Edward IV found a neat fix to this problem – and it may apply to adjudications today
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Let's not go to Austria!
Want to avoid adjudication by inserting a clause into your contract that any dispute must be settled in another country? Don't pack the passport quite yet...
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Be very, very careful
Given the predicament of the UK market, it's no surprise to learn that fidgety construction bosses are turning their gaze overseas
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Comment
Pay or delay
The claimant was a builder who was seeking to recover the balance of the price for refurbishment and alteration work to Mr and Mrs Noble's home. Work commenced on site in November 2000, but the contractor suspended its work in October 2001 because of the defendant's non-payment of invoices at ...
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Miliband's terms
Education minister David Miliband describes his mission to bring every secondary school in Britain up to scratch as "provocative" and "challenging". So it will be – and not just for educationalists and local authorities, but for their suppliers in construction, too. On the face of it, Miliband's timing couldn't be ...
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Poking the paymaster
Without fear or favour, blind to all blandishments and valient for truth, an adjudicator must severely upset a party they're relying on for their daily bread. Hmmmm
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I'm talking serious money
Slow payment is a bad habit that the industy has got used to. It's just possible, you know, that by speeding it up we could solve quite a few other bugbears
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Eleven days lost
Here's a strange case where a fight over the meaning of a small part of the Construction Act decided which party took a big hit. This is what happened
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So, Mr Bond...
Escaping from an on-demand performance bond can be extremely tricky – and a recent case gives little comfort to those hoping the courts will rescue them
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This is a hold-up
Making a claim for losses caused by disruption can be tricky if you can't prove how much the disruption cost you. So how do you go about doing that?