Legal Comment – Page 22
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CommentPay first, adjudicate later: what an Appeal Court ruling means for the payment notice regime
Theresa Mohammed and Stephanie Geesink of Trowers Hamlins explain an important ruling on the payment notice regime
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CommentLegal: In fear of favour
Tony Bingham pities an earnest expert witness who got the sharp end of the judge’s tongue for apparent bias – despite his good intentions
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CommentA country manor house conspiracy
Shenanigans by two brothers fixing up a fancy house highlights the risks of working for undercapitalised companies
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CommentIn praise of mediation
Mediation is too often overlooked as a cost-effective method of dispute resolution
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CommentUnravelling the intent
What happens if parties have created a contract as a result of an exchange of emails, but they have polar opposite views concerning the scope of works?
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CommentGet it in writing before work starts
Failing to execute a formal contract risks severe exposure in the face of a defects claim, warns Christopher Filor
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CommentIs the ICC target cost contract ready to compete with NEC?
Ian Yule explains the recently released ICC target cost contract and weighs it against its main rival as an engineering contract, the NEC
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CommentLegal: How to offset the risks of offsite
In the seventh part of our series on new technology, Maeve Gantley explains how offsite manufacturing brings specific risks that need to be covered by the contract
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CommentLegal: a matter of principle
Lindy Patterson on how even if the employer is partly responsible for a delay in completion, the contractor may be liable for liquidated damages
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CommentCase in focus: Adjudication
Ted Lowery on the impact of an arbitration clause upon a Part 8 application
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CommentNEC – stick to the plan
The NEC demands a devoted approach in its parties – but follow the contract closely, and everything should go smoothly
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CommentLegal: Professional experts beware
Expert witnesses can be sued for negligence or parties hit with adverse costs if they fail to fulfil their duties correctly
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CommentLegal: Back of the net
Net contribution clauses apply to all a consultant’s obligations under that appointment
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CommentIt’s time to amend the public contracts regulations on payment terms
Softly, softly approaches to changing bad practice do not work in the construction industry, says Rudi Klein
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CommentBulwarks against Brexit: assessing its impact on existing construction contracts
David Hansom advises on how to make your construction contracts Brexit-proof
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CommentLegal: specialist reports - easy to miss a trick
It’s vital that you can legally rely on specialist reports into issues such as rights of light or site conditions - so it’s even more vital that nothing is overlooked
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CommentLegal: Full time
A recent case in the High Court puts limitation periods under collateral warranties on the spot
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CommentLegal: Double trouble
Two-stage tendering is here to stay: Matthew Jones clears up some misconceptions about the process
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CommentLegal: The right to exclude
Terms limiting liability must not only be fair but must also correspond with a service provider’s standard terms of business
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CommentCase in focus: Insolvency
Ted Lowery on the impact of liquidation upon the right to adjudicate