Legal Comment – Page 39
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CommentProcurement: Prepare for the best
Successful procurement depends on whether the evaluation methodologies used are likely to produce the desired results. Here’s some advice
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CommentIn the right spirit
A High Court judge had to remind the parties in a recent case what adjudication was for - not a gladiatorial legal arena but a quick fix
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CommentA 10 year stretch
Those working in the Middle East should be aware of ‘decennial liability’, which makes you liable for problems with a building for up to a decade after completion
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CommentStamp it out
The UK’s Modern Slavery Act can be a major supply chain issue for the construction sector
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CommentService with a smile
Disputes about PFI projects are likely to be about operational matters. A recent case centred around how service points were awarded
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CommentA bit hit and MEES
The government may have done some serious pruning of legislation but not all energy-related legislation is up for change
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CommentPayless notices: Is it crystal clear?
Are late interim applications, the status of payless notices and conditions precedent for levying LADs giving you sleepless nights? Fear not - a recent judgment has provided guidance
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CommentAn unfair burden
We rely on onerous contracts to ensure the supply chain meets the cost of a procurement process that isn’t fit for purpose. It’s about time things changed
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CommentGet ready for ESOS
The Energy Savings Opportunity Scheme obliges large businesses to carry out regular energy audits
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CommentIndemnity claims: Cutting your losses
Do you know what an indemnity is and how a claim under one differs from a claim for damages for breach of contract?
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CommentCost budget: Once were warriors
A judge recently cut in half a claimant’s cost budget which was in excess of the amount in dispute. But you can’t blame lawyers – that’s how they were trained for ‘combative litigation’
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CommentMigrant salary rules: Your next headache
New migrant salary rules coming in next April will make life more difficult for construction companies already hit by skills shortages
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CommentInsurance: Blown out of the water
Do all-risks policies permit contractors to avoid liability for insured losses? A recent Court of Session case suggests not
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CommentPayless notices: Serves them right?
We all know that an employer has to issue a payless notice if it wishes to pay less than the amount claimed by the contractor. But why do employers continue to fail to serve them?
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CommentRefs to review penalties
The law on liquidated damages is regarded by some as unworkable and now the Supreme Court is to look at penalty clauses. Its decision could have profound consequences for construction
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CommentAdjudication: All aboard
Once you start adjudication you are tied in to the end of the process, unlike court proceedings where more emphasis is put on settling and cutting the cost spend
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CommentDelay and Disruption Protocol: Easy Rider
The Society of Construction Law has issued amended guidance to deal with the issue of time impact analysis. Has sense prevailed?
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CommentLiquidated damages: Time for a penalty shoot-out?
Liquidated damages are, in theory, a cost effective and efficient tool. If only things were so simple
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CommentMulti-party problems
Construction defects and multi-party proceedings – can there be an easy win for the employer?