All Case law articles – Page 10
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Comment
Different strokes for different folks
In 2006 the Housing Corporation allowed private firms to apply for its grants – and spared them much of the red tape that housing associations have to deal with
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CommentThat’s better – but not by much
The RIBA standard form has been revised and two particularly irksome clauses have been amended. But don’t go overboard. It is still biased in favour of architects. ‘Go bespoke’ seems to be the message
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CommentWorth their weight in what?
There is a consensus now that the quality of adjudication is fine, but the same cannot be said about the cost of hiring an adjudicator. Just ask the clients that got a bill from one chap for £30,000
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Tell us all your secrets
Did you know that the Freedom of Information Act could apply to your PFI contracts, and that all the obvious reasons why it might be a bad idea to disclose such information may be without force?
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CommentWhat the war taught us
The industry launched a campaign three years ago to persuade the government to junk plans for a planning gain supplement and, lo and behold, it succeeded. Now we need to learn the lessons
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Comment
The Lords’ diagnosis
Joe Griffiths Can an employer be found negligent if the presence of asbestos fibres in a former worker’s lungs causes clinical depression? The House of Lords thought not
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Comment
Are you making your staff’s life a misery?
Millions of days are lost each year because of stress, depression and anxiety. In addition, the quality of work suffers. It therefore makes sense to reduce the pressure on your workers
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CommentMore DIY disasters
Show me a bespoke contract and I’ll show you a powerful client throwing its weight around. But having said that, are they better than standard fare? The short answer is ‘no’
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Comment
Not good, but still the best
Charging fees for the use of a courtroom has got many people’s blood up. But in fact, even with the trial fee, litigation is a cheaper option than arbitration.
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CommentPC or not PC, that is the question
James Bessey ‘Practical completion’, like beauty, is in the eye of the beholder, but if you get it wrong on a PFI project then things can turn very ugly indeed…
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Comment
A power sharing deal
The signs are that the government is going to make it much easier to install wind turbines, and other microgenerators, by removing the requirement for planning permission
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Guests we can’t do without
Migrant labour makes the construction industry work, so the government must think hard about proposed laws that would make it harder to employ it
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Comment
Prejudice and privilege
Sticking ‘without prejudice’ at the top of your letter means you can say what you like without it being repeated in court, doesn’t it? Actually, it’s not that simple, warns Rob Horne
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CommentPaying for whose mistakes?
If you settle a claim for something your subbie did, how sure can you be that you can then collect from it? Well, sit tight and watch the twists and turns of John F Hunt vs ASME …
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Comment
A giant statute
The government described the 1985 Companies Act as ‘bulky and complex’ , and then replaced it with another that’s twice as long. Here’s the executive summary …
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CommentIt’s a fit-out, not a fit-up
When your project gets to the closing stages, a host of new subcontractors and delivery people appear on site. But how do you make sure some of those strangers aren’t there to rob you?
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CommentA bit of a liability
Following a judgment in which the defendants were ordered to reveal their liability insurance cover to the claimant, expect such requests to become commonplace in large claims
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CommentOne thing straight
When the DTI asked an industry mob to discuss the Construction Act, a fight quickly ensued - but those present showed great solidarity on another issue
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CommentGreater expectations
Now we've started to use JCT2005, it's clear that contractors and contract administrators will have to handle extensions of time with more care
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CommentOne-star review
The DTI has unveiled its proposals to amend the Construction Act. But if the government wants to stop payment abuses, it's not really going about it the right way