Tony Blackler

  • Tony Blackler

    Final certificates: It’s not over yet


    Challenges to a final certificate through the courts or by arbitration are straightforward but if a contractor challenges via adjudication then procedural mishaps can occur

  • Tony Blackler

    Collateral damage: Liability under collateral warranties


    Leaseholders or buyers of buildings should be able to pre-empt arguments from contractors to escape liability under collateral warranties

  • Tony Blackler

    Concurrent delays: Doing the splits


    The City Inn case throws up a logical approach to granting extensions of time due to concurrent delays – if the delay has two causes, then why not apportion responsibility accordingly?

  • Comment

    Fill in this brief questionnaire


    What does ‘dispute’ mean? When are two disputes linked? When are they not linked? If an adjudicator decides unlinked disputes, is his decision invalid? For one or both? How much sense does all this make …?

  • Comment

    The common touch


    We know that pay-when-paid clauses were partially outlawed by the Construction Act, but how do they fare under common law?

  • Comment

    The fireproof contractor


    At last someone is looking into the insurance provisions of JCT80. At the moment, the issue of liability is nothing short of bewildering

  • Comment

    Cut us some slack


    Adjudication is increasingly dealing with matters that are difficult to sort out within 28 days. It would be fairer to give adjudicators the right to extend the time limit.

  • Comment

    Blame the parents


    An effective way to get results in a dispute with A subsidiary is to launch an action against its parent company on the basis of a parent company guarantee

  • Features

    Breaking up is hard


    Tony Blackler - Common law may come into play when parties to a contract fall out – although its application in construction disputes is far from clear-cut.

  • Comment

    Getting off the hook


    If a designer makes a mistake, when does the obligation to correct it expire? After the relevant bit is built? After practical completion? After the final certificate? Or never …

  • Features

    Is that your final answer?


    The JCT must clarify how far the final certificate puts an end to liability, particularly now that a new ruling further complicates the issue by stating that contractors can later be sued only for faults relating to design

  • Features

    Where do you draw the line?


    The Plant Construction vs Clive Adams and Another case was the first time that the courts have ruled on a contractor’s obligation to warn of potential hazards in design and construction plans.

  • Features

    Relationship difficulties


    There is a consensus that partnering is the way forward. But the concept is vague, and it may have unexpected effects on relationships within the project team – it may even provide contractors with brand-new excuses.

  • Features

    Plane tale of third parties


    Much of the debate on the proposed Contracts Bill centres on the implications of a clause that confers potentially troublesome benefits on third parties not privy to a contract. A flight of fancy or a real worry?