All Case law articles – Page 9
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CommentYou can’t always get what you want
Here’s the story of a PFI scheme that caught fire. And it’s the story of how the parties then strained to construe their contracts in the most favourable way. Some were not successful
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CommentThe lawyers’ playground
There have been more than 300 court decisions that ‘clarify’ the meaning of the Construction Act. The result is that only our learned friends really understand what the rules are
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Comment
Know your limits
The Law Commission wants a rethink of the law on limitations and this year you are invited to comment on the proposals. So here’s what they’re about…
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CommentI’ll get you later
This is the story of a client that decided to sue a contractor but not its consultants. Then it changed its mind and went after them, too. The consultants claimed that this was abuse of process – but were they right?
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Comment
IChemE international contracts: international A chemical solution
Contract update — Cecily Davis guides us through the Institution of Chemical Engineers’ suite of contracts for international projects. Not only are they as clear and as simple as their domestic forms, but they also come in pretty colours
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Comment
How a quirk became a cause
A Russian shipping dispute about bribery may seem little more than an oddity, but the Lords’ ruling gives a clear indication of how far the courts will go to enforce arbitration clauses
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CommentThe £40,000 fix
Here’s a chilling tale from the year gone by. It’s about what happened when a subcontractor on a fixed-price contract was asked not to do some of the work it tendered for – but had to be paid for it all the same
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Comment
Who’s looking out for whom?
Christopher Hill A client should be able to rubber-stamp a consultant’s work without checking it, but if the consultant has relied on inaccurate information from the client they may be left in an invidious position
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CommentCIC's consultants agreement: You stand here and hold this
The Construction Industry Council’s full agreement for appointing consultants has done the industry, and its clients, a great service by explaining just who is supposed to do what, when
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Comment
JCT Framework Agreement: Same again? Try the 2007 vintage
Many looked forward to the birth of the JCT Framework Agreement 2005 but were disappointed by the reality, says Hillary Cohen. The 2007 version is an altogether better bet
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CommentGoing legal
As long as an adjudicator has considered the right question in a fair way, they’re free to make legal errors: the result will stand. But the legal issues are often complex and important: take global claims for example …
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Top 2007 construction cases: The best of the worst
This year was a relatively quiet one for King Kong vs Godzilla contests. But there were a few … so here’s six of the longest, bitterest and most important to brighten your Christmas. Unless, of course, you were actually in them
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NewsOffshore wind power is not a magic solution
Government may believe all UK homes could be powered by offshore wind farms but any investment should not be at the expense of other sources of renewable energy
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CommentNot much agreement here …
Rachel Barnes Ian Yule was less than enthusiastic about the revised RIBA agreement for the appointment of an architect, claiming it was biased in favour of the profession. Well, guess what? Architects aren’t happy about it either …
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CommentOne over the eight at 8am
Christmas means parties, and that means drinking alcohol, which is okay as long as you aren’t out first thing with a forklift or using heavy tools while still under the influence
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CommentTreasure & Son Ltd vs Martin Dawes: The riddle of existence
If you get into an adjudication based on a variation to a contract that is agreed but not signed, is the adjudication valid? The High Court has just given us a clear answer to that one …
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Treasure & Son Ltd vs Martin Dawes: The end of our elaborate plans
This case has raised the question of when a contract is over and done with, which can affect practically every construction job that’s carried out
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Case summary: Treasure & Son Ltd vs Martin Dawes
The barrister who represented Treasure & Son in this important TCC case here sums up what happened
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CommentAnn is in cloud-cuckoo-land
Ann Minogue wrote here that my criticism of Network Rail was unfair. But she is living in a fantasy world where there are still adversarial tools and penalties rather than teamworking and shared risk
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CommentWe all have good intentions
If a supplier makes a Horlicks of your building, you may find yourself asking a court for the money to put it right yourself. But will the court believe you’ll really do the work?