Legal Comment – Page 28
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CommentBig trouble in Liverpool Chinatown
Problems between stakeholders on a £200m regeneration project are likely to have reputational, financial and legal consequences for those involved
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CommentCyber security: BIM
The first of a new series of columns on cyber security looks at the data risk issues around building information modelling. Taylor Wessing’s cyber security team explain
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CommentTime to call time
A claimant tried to revive a dispute dating back to 1992 by alleging a fraud. But the court said it would not sit back and referee whatever games he wanted to play
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CommentContracts: Getting the foundations right
A fitness for purpose obligation has been ratified by the highest court in the land – that has got people talking
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CommentCase in focus: Relief from sanctions
Should a claimant be entitled to default judgment on a claim that was dependent upon the outcome of separate proceedings?
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CommentSupply chain: Facing the abyss
Carillion’s profit warning illustrates the precarious existence of big UK contractors. So, what protection is in place for the supply chain, should one of them fall? Nowhere near enough, it seems
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CommentAdjudication: New thoughts on smash and grab
A TCC decision last month has questioned whether existing case-law on ‘smash and grab’ adjudications should be reconsidered in light of Court of Appeal decisions
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CommentWritten contracts: Pen and paper at the ready
Avoid the argy-bargy and uncertainty of an oral contract and get the thing down in writing
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CommentNEC4: Events, dear boy, events
NEC4 contains subtle changes to clause 61.3 that relate to compensation events and which await judicial clarification
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CommentCase in focus: Service of documents
A recent case illustrates a practical approach to the challenge of effecting good service upon a peripatetic respondent
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CommentIChemE’s Silver Book: Pieces of silver
A close look at what is contained in the IChemE’s new consultancy agreement for the development of process plants
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CommentIntelligent contracts: Get smart
‘Smart’ contracts could be the next big thing in construction technology but will developers learn the lessons of BIM implementation? Sometimes it’s better to keep things simple
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CommentTaking the fifth
This year’s FIDIC White Book shows worthy progress. Here is a look at the latest iteration of the client/consultant model services agreement
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CommentAccident or certainty?
A recent High Court judgment provides useful guidance on the meaning of ‘accidental damage’ in the context of an all risks insurance policy
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CommentFact versus forecasts
How should the monetary effects of compensation events be assessed months after the event itself? There are two different schools of thought on that
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CommentCase in focus: Compensation events
Had a PFI project company given proper notice of a claim for compensation? Ted Lowery considers a High Court case in Northern Ireland
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CommentHolding back
Withholding retention money is one of the most controversial practices in the construction industry today. But with reform delayed, what can subcontractors do to protect themselves?
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CommentPersuasive percussion
In response to Tony Bingham’s April column on how we must better engage with dispute avoidance, a legal academic gives their view on how firms must try to understand each others’ positions
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CommentDoes what it says on the tin
Our contract law prizes certainty, as do our firms, except when they are on the receiving end. A recent case confirms our courts’ preference to apply contract terms strictly
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CommentTemporary workers filling skills gap
Construction is becoming reliant on temporary workers as employers attempt to fill the skills gap