Legal Comment – Page 44
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CommentDo I have your retention?
The attack on retentions has begun but could a total ban be tipping the balance too far?
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CommentRefurb of tenanted properties
For any tenanted property undergoing refurbishment or maintenance work, it is essential that landlords consider the effects it could have for those renting
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CommentDiscord on Concord Street
Design build contracts spell bad news, most of all for the poor blighters who buy what’s built. Design should be left to designers
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CommentConstruction law predictions: Fortune telling
Last year’s assertions on third party rights showed exactly why legal forecasts are best left well alone. But here are a couple for 2015
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CommentJust what the doctor ordered
Doctors and other healthcare professionals now have responsibility for commissioning health-related buildings. But do they have the expertise - or time - for such procurement?
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CommentSeason of goodwill (not)
This year confirmed the inexorable rise of challenges to publicly procured projects. Next year is unlikely to be any different
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CommentRIBA: High noon or the wild bunch?
For short works contracts, there’s a new sheriff in town called RIBA - plain talking, bold and ambitious. But is it going to be able to outgun the competition?
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CommentDispute resolution schemes: Easy does it
RIBA’s new dispute resolution schemes try to keep the parties from falling out with each other by making the process cheaper and less burdensome than adjudication
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CommentGood knight to adjudication: Is jousting the answer?
Adjudication can become a long drawn out and expensive affair – let’s replace it with jousting
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CommentGarden cities: Come into the garden, George
Is utopian town planning really the answer to the housing crisis?
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CommentCodifying PFI contracts: Sticking to the letter
How rigidly must you stick to completion criteria of a PFI contract when issuing a completion certificate?
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CommentWarranties: Impossibility to perform
A case regarding specific performance rather than the usual matter of damages
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CommentAdjudication: No repeats
One of Siemen’s lawyers on a case that shows once a claim has gone through adjudication it can not be adjudicated again
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CommentProcurement: New tricks?
Government guidance on new models of construction procurement covers approaches already in common practice. But confusion remains
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CommentJCT Povey lecture: The bumf machine
Our industry spews out dozens and dozens of standard form contracts which no one can keep up with or understand. Bad news for people who build - great for lawyers
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CommentEU procurement regime: Change on the horizon
Earlier this year the European Parliament adopted a number of directives to reform how public procurement is conducted
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CommentHoliday pay: Lucky break
The Employment Appeal Tribunal’s decision that UK businesses must include overtime when calculating holiday pay will increase payroll costs - but it could have been a lot worse
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CommentNEC3: Awareness is preparedness
Like most contracts, the NEC3 contract deals with risks and might present some too
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CommentRetentions: On the money
What happens to cash retentions if the contractor goes bust and there is no provision in the contract stating that the money was to be held in trust?
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CommentClone traders
Apple has won a European court ruling that dramatically widens the scope for retailers to trade-mark their store layouts. But what are the implications for designers?