Legal Comment – Page 103
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CommentThe clues are all there …
Under the DTI review, payers and payees call in the adjudicator if they can't agree how much is due. The referee must rule on the spat, but shouldn't play detective
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The subtle art of legal drafting
On the surface, the JCT 2005 extensions of time clauses appear unchanged, but a closer look at the new wording suggests they could prove quite tricky
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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
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CommentJust don't do it
Adjudicators who try to dig up supporting evidence where it is lacking are committing a grave error - and playing into the hands of their detractors
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CommentMr Jackson's justice
Up until now, PFI contracts have contained clauses intended to separate contractors from their statutory rights. This is not lawful
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Not bad, not biased and not barking
Depending on who you ask, the new NEC contract displays favouritism to contractors or employers. In fact, it is the lawyers who amend it who are causing the problems
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CommentBosses beware
his year is going to be packed with changes to employment law. This is what you need to know on age discrimination, illegal workers, TUPE and more …
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CommentA night to regret
What happened to my mate Trevor after the Christmas party? He seemed so chatty, so relaxed. And a few hours later he was banged up in a police cell …
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Studying the form
This year the JCT caused quite a stir when it decided to revamp its entire suite of contracts (see Building, 24 June), but it’s the changes to the design contracts – Design and Build Contract and the Intermediate Contract with Design – that have created most interest.
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CommentEasy money
Loopholes in the NEC’s target contract mean contractors can use their old tricks to make a profit rather than taking a share of any project savings …
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CommentA painful case
Sometimes contractors just get fed up with a job, and it grinds to a halt. When something like that happened to Birse, it got sacked. Then it got the bill …
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CommentListen, this is important
Delay analysis is too pivotal to disputes to remain shrouded in mystery or to be left to the experts. Here’s what you must understand about the four main techniques …
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Sort out your papers
The laws on illegal workers are set to get tougher, so make sure your procedures are watertight now
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CommentYou’re mistaken, m’lud
In Carillion vs Devonport, the Court of Appeal was right to back an adjudicator’s decision to award interest, but in doing so it made some unhelpful comments …
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CommentPeople who care
A faulty load transfer platform caused a block of luxury flats to sink. The consulting engineer didn’t design the platform, but could it be liable for the problem?
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CommentDangerous liaisons
This week we have two industry reports that reveal contractors’ cavalier attitude to risk, starting with what industry executives will do to secure work …
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CommentI’m feeling a bit fuzzy
Fuzzy-edge disease’ strikes when a contract does not clearly allocate design responsibilities. Emcor Drake & Scull tried to inoculate itself, but it got caught out
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CommentEvents, dear boy
New rules on compensation events in the third edition of the New Engineering Contract mean it is fraught with difficulties for the unwary employer
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