All Case law articles – Page 4
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Comment
Buyer beware: Distressed sellers
You can take some of the worry out of buying property from a distressed seller by knowing how to manage risk. But first you need to know what those risks are
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CommentThinking caps: Employer's agents
When a QS acts as contract administrator, certifier, project manager and employer’s agent, it all ends up like a game of pass the hat. But some principles always apply
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NewsSustainability legislation: A green path to recovery?
Sustainability seems to have dropped off the agenda somewhat since the recession, but research has revealed that there is still an appetite in the industry for green solutions
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CommentLet's be practical: Challenging a certificate of completion
Even when a ‘final and binding’ certificate of completion is issued, there may be room for the parties to challenge the validity of the decision
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News
Stop the madness! The presumption of guilt under the Health and Safety Act
Are employers expected to guard against unforseeable actions on site
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NewsBudget 2009: What it means for taxes
A legal expert considers some of the budget's implications for construction companies
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NewsG20 protests: Who takes the risk?
Is the contractor or owner responsible for any damage or disruption to sites caused by mass protests
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NewsDisquiet in the ranks
The data raid that discovered a construction worker blacklist has legal implications for the companies and individuals involved
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NewsGreen for go: sustainability in the JCT contract
Keeping an eye on sustainability during the credit crunch shouldn't be too hard, with the help of the JCT's new guidance note
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CommentThen there's the fungal mould...: JCT consultancy agreement
The JCT has just released a consultancy agreement for larger projects. Here’s what you should be aware of before you go ahead and sign it
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Comment10 ways to avoid dispute in the Middle East
The Middle East has traditionally seen few disputes. In boom times contractors have always had alternative ways to recover their losses. But the credit crunch appears to have changed that, and now more disputes are erupting. So, how can disputes be avoided in the present market?Assess the impact of local ...
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Comment
It means what you want it to mean: Force Majeure
‘Force majeure’ can mean just about anything, which is a problem if you want to invoke it in a contract dispute. So, how is this Napoleonic throwback best used?
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CommentTricks with contracts: PFI and the Construction Act
A draft bill to outlaw ‘pay when certified’ clauses leaves PFI lawyers wondering how to secure reasonable cash flow for clients. Here are some ideas
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CommentYou’ve made one tiny mistake: Absolute obligations
Even if a brief seems straightforward, beware of taking it on as an absolute obligation. After all, you never know what might happen
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CommentBite the bullet or fire it?: Terminating a contract
The only thing an employer can be certain of when it gets rid of a contractor is that it will be in for endless headaches and hassle. Here’s why…
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CommentUAE legal series: A few peculiarities
A contract is a contract pretty much wherever you are, but in Dubai there are one or two little points to bear in mind before you sign one, says Elise Gillians
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Comment
Self-defence for directors: Risks to directors when a company goes under
In the second article in our series on the legal implications of the economic downturn, we look at the risk to directors if their company goes under
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Comment
Benfield Construction vs Trudson
The CaseThe defendant, Trudson (Hatton) (“Trudson”), engaged the claimant, Benfield Construction (“Benfield”) to carry out the design and construction of two houses and external works near Hatton in Warwickshire. The works became seriously delayed and the date for completion of 29 September 2006 past. Subsequently, on 17 August 2007, a ...
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Comment
Credit crunch advice: Shelter from the storm
In the first of a series on the legal implications of the economic downturn, we run through the options for limiting your exposure to risky projects
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CommentPPC2000 upgrade: Our new three piece suite
The partnering forms known as PPC, SPC and TPC have just been upgraded to take advantage of lessons learned in the eight years since their launch. Here’s how