Legal Comment – Page 27
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CommentCase in focus: Payless notices
An effective payless notice must include an explanation of the grounds for withholding, a headline figure and a calculation showing how that figure has been produced
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CommentAnd about time too
The review of the Construction Act is more than welcome to Tony Bingham, who can hardly wait to see an end to the misapplication of 28-day adjudication as a dispute resolution process
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CommentLegal blog: On demand or on default?
Victoria Peckett explains how to distinguish between a payment guarantee that applies only in the event of a default and one that can be invoked on demand
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CommentLegal blog: A false sense of security
Francis Ho warns that legislation permitting the assignment of payment rights could do more harm than good
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CommentLegal blog: Incompatible provisions
The contractor’s liability for design faults depends on not just the main contract form but also its associated documents: if they contradict each other, you could end up in court
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CommentCase in focus: Adjudication relief
Having abandoned the first adjudication, was the referring party acting unreasonably and oppressively in seeking to bring similar claims in a second adjudication?
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CommentLegal blog: Show me the money
The new Pre-Action Protocol for Debt Claims does little to help creditors – it merely gives debtors more scope for delay
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CommentLegal blog: Grenfell - what went wrong?
Last month Tony Bingham went to Grenfell Tower to see the aftermath of the tragedy for himself; here, he looks at the scope of the inquiry and what it might tell us about the way we procure buildings
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CommentPlanning for the right homes in the right places
How has government responded to the white paper and consultation on assessing housing need and how effective do its proposals look?
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CommentLegal blog: Ways of escape - undoing PFI
Steven Carey wonders how Labour’s proposal to bring PFI schemes back ‘in house’ could possibly be implemented
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CommentDrones: hovering anxiously
The first in a series on new technology addresses the legal issues of drone use in construction
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CommentLegal blog: Traps for the unwary
The latest revision of the New Engineering Contract, NEC4, could cause a few headaches for the employer’s project manager
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CommentThe Great Escape? A fresh look at exclusion clauses
The Court of Appeal’s recent decision which concerned an exclusion clause intended to limit liability for claims could have a serious effect on the interpretation of such clauses in negotiated agreements
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CommentLegal blog: Missing the point
The proposed new sanctions framework for approved inspectors fails two key requirements of fairness and proportionality, by treating large and small AIs the same
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CommentThe end of the affair?
Robert Akenhead returns with a column highlighting a recent inventive use of debt recovery legislation to recoup the costs of an adjudication
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CommentNew technology, old problems
The first judicial consideration of BIM asks whether an interim application for an injunction restoring client access to the project BIM should be granted
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CommentProcuring our safety
Procurement issues lie at the root of the Grenfell Tower tragedy, argues our legal columnist: it’s dangerous for architects and engineers to cede control of how their specification is implemented
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CommentBuilding halls of London
Competition from build to rent and other land uses, as well as planning policy, are factors making purpose-built student accommodation hard to build in London. So how do you make it affordable too?
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CommentIn for the long haul?
A recent judgment raises questions over whether the courts should approach long-term contracts differently to shorter-term ones, insofar as termination provisions are concerned
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CommentFit for purpose
The MT Højgaard case in the Supreme Court illustrates how lawyers, adjudicators, arbitrators and judges are now likely to mediate competing contract terms