Opinion – Page 593
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Simon's saga, part two
His credentials in construction law were impeccable, his experience undeniable, his preparations unquestionable. Here's how his home improvement went down the pan
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CommentWonders & blunders
Ben Schott likes nothing better than a glass of dry sherry in Barry's Reform Club, but the London Eye gives him a funny turn
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Grumpy? Van Morrison?
You may go to great lengths wording a contract to protect your interests but if you then go and wrongfully terminate it, you'll pay – even if you are a troubador
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CommentCheck, please
In the JCT design-and-build form, an application for payment automatically becomes the sum due. So how can an employer avoid paying an inflated bill?
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Crack house crackdown
Didn't think the Queen's Speech was radical enough? Get a load of John Prescott's housing bill – it aims to tackle many of the more egregious abuses
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Viva Bambi!
Nick Henchie's claim that the Be Collaborative contract offers little in the way of practical assistance is given short shrift by one of the contract's writers
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Et tu, Simon?
You'd think a construction lawyer embarking on his own building work would draw on his experience to ensure that he didn't end up at a well-known creek. Well …
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Back from the dead
Just when it appeared to be gently ebbing away, construction's strategic forum has sprung back to life.
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You have to agree to disagree
This is a decision of the Court of Appeal. Wilson maintained both during the adjudication and before Judge MacKay (at a hearing to enforce that decision at first instance) that the contract that was the subject of the adjudication had been made not with him personally but with a company, ...
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It could be you
Imagine making a mistake that makes you liable for more money than a Lotto jackpot – and then finding you don't have PI cover. How likely is that?
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CommentGive 'em their due
Stonecarvers at the Royal Courts of Justice job in 1880 lost out when the employer withheld money. If only they'd had the Construction Act to protect them …
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Here starteth the lesson
An initiative to promote training on social housing projects should show the industry how to shed its insecurities and secure its future
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Just a few complicated points
It's not easy, but firms negotiating PFI deals must identify the risks they're running. Here's how to go about the job
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Who've you been seeing?
Natural justice and adjudication can be a jealous and suspicious couple. But a recent case has led to guidelines that could smooth out some of the tensions
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Wonders & blunders
Dawn Gibbins is drawn to the natural light of Belfast City Hall, but the gloom of industrial sheds has her voting with her feet
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A reasonable bill
This was one of the final decisions of Judge Bowsher QC before his retirement from the bench. Having found in favour of the defendants, he then had to consider the question of costs. Both defendants sought their costs on an indemnity basis.
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The ugly duckling test
Here's some fresh case law to help us understand Carter vs Nuttall, one of last year's causes célèbres: it's all about distinguishing between water fowl