Legal Comment – Page 34
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CommentAdjudication: The corrections
Judges in the TCC will usually say that adjudicators’ decisions are there to be enforced. But a Part 8 procedure can be used to alter final decisions on self-contained legal points
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CommentArtificial intelligence: Frankenstein’s lawyers?
AI programmes are becoming part of legal process. Could construction lawyers could be facing obsolescence?
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CommentClaims for distress: Bit of an upset
Can you put a price on the distress and anxiety caused by a building project that goes awry? Some previous cases provide guidance
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CommentSCL Delay and Disruption Protocol: Take two
Fourteen years after the Society of Construction Law published its first Delay and Disruption Protocol there’s a draft second edition. So what’s changed since 2002?
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CommentSettlement agreement: Crossing the line
Does the right to adjudication in the underlying construction contract still apply if you have entered into in a settlement agreement? A recent case in the TCC provides guidance
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CommentMental health issues: Turn the lights on
The industry must make progress on ensuring employees’ mental wellbeing – or brace itself for a rush of legal claims
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CommentUK employment law: Which rules apply?
A Court of Appeal judgment provides clarity on whether UK employment law can apply to foreign nationals employed abroad by British firms
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CommentPayment rules: Was it worth it?
Over the last 20 years the industry has invested in trying to improve cash flow, but has it been money well spent?
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CommentPlanning: Going local
While advertised by the government as a way to boost housing productivity, the Neighbourhood Planning and Infrastructure Bill only looks set to slow things down
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CommentContract variations: Mixed messages
Preventing certain forms of communication from having authority on a contract may take more than a note in the terms and conditions
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CommentAn unknown quantity
Do we need new planning legislation to accommodate the Build to Rent sector?
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CommentTotal cost: A global view
Akenhead returns to Building with a column on a recent case which examined the issue of ‘total cost’ or ‘global’ claims
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CommentCommon law and its death rattle
Is arbitration robbing us of the opportunity to nurture our common law? And who will shed a tear?
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CommentCurb your enthusiasm
If the expert witness you commission comes up with something not entirely to your liking, you might be tempted to shop around for another one. But the court won’t like it
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CommentContracts: Making amends
What happens when making amendments to a standard contract causes things to go wrong?
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CommentLoose talk
You want to claim the cost of extra works without a written instruction? A new Court of Appeal case just made life a little easier
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CommentRoad to Morocco
With Africa a future engine of global growth, Morocco is a potential gateway to the continent for UK construction companies
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CommentTime is money
A recent case highlights the complexities of the subcontractor relationship compared to that of employer and main contractor, in terms of extensions of time and delays
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CommentIs cashflow still king?
Adjudication is supposed to ensure that payments are made quickly to keep the money flowing. Is this always the case or do two recent decisions show the TCC to be at odds with itself?
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Comment1984 revisited
As one of our longest-serving columnists prepares to bow out, she looks back at how things have changed in construction law since she wrote her first column for the magazine