All Case law articles
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CommentTCC rejects BCC: the perils of serving notices by email
A recent High Court ruling highlights how serving notices by email can go wrong – what can you do to avoid this?
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CommentThe bad side of good faith clauses
‘Good faith’ clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them
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CommentAdvising traditional procurement: Have I really been negligent?
Solicitors can explain legal issues and draft and negotiate contracts relating to procurement, but they don’t choose which route to take - that is the client’s decision
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Comment
Set-off on the right foot
The law governing situations where two parties owe each other money is murky. But a recent Court of Appeal case sheds some useful light
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CommentGet lost, Plato: City Inn vs Shepherd Construction
The decision in City Inn vs Shepherd Construction is a victory for common sense over philosophical arguments about causation, says the lawyer who acted for Shepherd
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Comment
On turning a blind eye: Traditional Structures vs HW Construction
If you notice that a supplier has mistakenly failed to charge for an item on their tender, can you accept the price, keep shtoom and then hold them to it?
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Comment
Schools out for tender
It’s a new order for those involved in building schools after the coalition’s savage cutbacks. But the changes should bring opportunities for smaller contractors
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Comment
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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Litigation insurance: Run for cover
Lawyers are becoming increasingly savvy about insurance options for those entering construction disputes. Matthew Amey urges litigants to seek advice as early as possible
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Comment
Anti-fraud: The taxman cometh
The Revenue has begun an anti-fraud campaign, and any firms that don’t follow the letter of the law on paying subcontractors are going to be in a world of pain
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Comment
Buying a business: Gods of small things
If you’re planning to buy a business in our fragile economy, you need to know what you’re getting. So use lawyers who will scrutinise every little contract
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CommentJust looking
Beware if you shop around for an expert, as the court may demand that you reveal the reports that you rejected
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Comment
Defective work: Making amends
If you’re an employer cheesed off with a contractor’s work, it’s tempting to get someone else in to sort it out, then claim for the costs. Here’s why you should count to 10
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CommentThe salami olympics: how to spot a fraudster
The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here’s how to spot them
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Comment
Pay-when-paid: You know what I mean, guv?
Shepherd Construction tried to rely on a pay-when-paid clause to not pay its subcontractor, William Hare. Problem was, it wasn’t well drafted – so would the courts help it out?
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Comment
Religious discrimination laws: But I'm a shaman!
A recent case has extended the laws protecting employees from religious discrimination to those who hold any kind of ‘cogent and serious belief’
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Comment
The reckoning
Fiona Gill and Mark Roach So what did the Labour party do for (or to) construction during the past 13 years? And what will happen if the Conservatives take over?
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CommentA pain in the NEC
Disputes on NEC projects are on the rise, so if you don’t want to find yourself in a bind, here are some points to be aware of when using this contract
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Comment
Nuclear contracts: Ending in tiers
The second of our three-part series on the nuclear decommissioning sector looks at the target-cost clauses of tier two contracts – their benefits and pitfalls
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CommentBribery Bill: Greasing the wheels of commerce
Bribery is endemic in many parts of the world where British firms do business, but any that succumb to it will soon face fairly horrific penalties