Legal Comment – Page 40
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CommentMinding your manors
Ancient manorial rights can affect modern property developments. Here’s what you need to know
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CommentBundles of fun (not)
Three recent cases have tested the judges’ patience as they waded through bundles so vast that their sole purpose seemed to have been to hinder justice not aid it
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CommentAnd here’s another one
Contractors sending out more than one payment notice in the hope that the employer will fail to respond to one of them with a payless notice, should take heed: the courts will have none of it
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CommentJCT MPCC: Major projects, minor details
The JCT Major Project Construction Contract is now widely recognised. But confusion over some of its provisions has come to light
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CommentProcurement: Optimum results
A string of high-profile repair and maintenance jobs have failed recently. Is the problem connected to how some clients carry out procurement at the beginning of the job?
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CommentIt's all in the timing
Great care must be taken over payment procedures and timings before and after practical completion, as ignoring them can prove to be a very expensive exercise
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CommentThis looks good on paper
You don’t want the sale of your scheme delayed by missing bits of evidence so make sure your development comes complete with a paper trail
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CommentAnother fine mess
Construction companies face vastly increased fines for breaching environmental law – so be clear about the legal implications of your activities or you could end up in big trouble
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CommentAre you being served?
Unless the employer serves its payment or pay less notices, it should expect to pay the amount applied for - irrespective of the true value of the work actually carried out
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CommentThe change mechanism
In projects where a large number of variations have taken place, should the contractor argue that the entire scheme of work be re-priced?
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CommentCyber security: Security protocols
The latest PAS document goes beyond BIM to look at wider security concerns in the digital built environment
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CommentAdjudication: The lay of the land
Does the work you’re engaged with constitute a ‘construction operation’? You had better be clear on this before you enter into adjudication
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CommentSubrogation: Not so plain sailing
Subrogation and issues of joint insurance often arise when drafting construction contracts. What guidance can a judgment involving a hired boat offer in these areas?
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CommentAs time goes by
An adjudicator’s decision is binding until the dispute is finally determined but here’s a case that opens up the question of limitation and how late that determination can take place
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CommentExclusivities: Exclusive arrangements
Exclusivity or lock out agreements are becoming increasingly common. But what are the benefits and why are they so popular all of a sudden?
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CommentOverpayment: Rare need for redress
It should be difficult to overpay on an interim payment but when it does occur, should there be an express term providing for repayment?
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CommentRight to buy and development
What impact would an extended right to buy have on housing association development programmes?
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CommentDon’t stray from the path
Not acting under strict terms of a contract? Beware - it’s sometimes hard to get back on the straight and narrow
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CommentHeat Network Regulations: Turning up the heat
Calling all developers, landlords and operators: the Heat Network Regulations are now in force and they bring with them some onerous requirements