Legal Comment – Page 43
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CommentA spotlight on rights to light
If a building interferes with a neighbour’s right to light, the courts can get the developer to knock it down - but changes are afoot that may redress the balance in the developer’s favour
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CommentAdjudication: Collateral damage
Francis Ho considers a world where parties can adjudicate under collateral warranties and asks what can be done to put the genie back in the bottle
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CommentEstablishing communication
Are communications protocols necessary to support the payment process?
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CommentJudicial review: Who shot JR?
Government attacks on judicial review have overlooked its importance in giving the professions a voice and keeping regulators in check
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CommentPayers beware
One of the first cases on the new payment provisions in the Contruction Act underlines the importance of issuing payment and pay-less notices
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CommentPublic procurement: Are you ready?
New regulations introducing a more flexible and modern regime are due this spring. These are the main changes
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CommentSites for sore eyes
A rush to meet demand in an industry with a skills shortage could have fatal consequences if workers aren’t trained properly
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CommentExtensions of time: After the event
The judge’s comments in a judgment around extensions of time provide future guidance
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CommentPlanning: A view from the bridge
Everyone seems to want a Garden Bridge across the Thames so it was no surprise when the planning authority brushed aside legal requirements
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CommentExpert witness: Three Card Trick
How can an expert witness be unbiased when hired by one party? Reader, behold, a tale of an expert witness too honest for his own good
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CommentWhere does blame lie?
An independent health and safety consultant has recently been imprisoned after a tragic accident on a construction site. Even those who are not directly employers can still be held liable
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CommentBIM: If you want my advice…
BIM is increasingly being adopted by the industry, but who bears responsibility for recommending whether or not to use it in the first place?
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CommentWeather: A British obsession with financial consequences
Until technology allows accurate long term weather forecasts, what can be done to manage the risk?
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CommentTop trumps
Recent amendments to two powerful pieces of legislation around recovery of costs in construction contract adjudication mean they contradict each other. So, which takes precedent?
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CommentCDM regulations: New rules to live by
Major revisions to the CDM regulations are expected to come into force in April. So are you ready?
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CommentAdjudication: How far can your tactics go?
Adjudication may be a bit rough and tumble but the process must maintain respect
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CommentPublic sector procurement: Small fish in a big pond
New rules are due to come into force this year aimed at opening up contracts to SME contractors. Here’s what you need to know
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CommentBalancing act
A judge manages to balance the need for procedural fairness while encouraging the parties to settle through alternative dispute resolution