Legal Comment – Page 45
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CommentDesign obligations: Much obliged
If a contract contains a clause requiring reasonable care and skill and another stating strict design obligations, can once cancel out the other?
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CommentInsurance Bill: Devil in the detail
The Insurance Bill should put an end to ‘basis of contract’ clauses that allow an insurer to avoid liability if a statement in the proposal form is incorrect
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CommentOffice to resi: Fail to prepare, prepare to fail
A permanent relaxation of planning restrictions for office to residential conversions would be an attractive concept for developers. But they must be aware of the pitfalls of the process
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CommentA Scottish case: Highland fling
What happens when a high-level solicitor comes up against a determined Scottish subbie?
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CommentPlanning infrastructure: Looking into the future
The EEF has echoed the recommendations of the Armitt Review to create an independent body to plan long-term infrastructure projects
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CommentRotten to the core
The CIOB has been trying to root out corruption in the industry but how deeply ingrained is the problem?
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CommentAre you really excluded from liability?
This case highlights the importance of ensuring that any exclusion or limitation clauses in your contracts are clearly drafted to cover the situations which you expect
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CommentPrefabrication: Off-site on your mind
Complex projects are increasingly relying on off-site manufacturing to help deliver schemes on time and budget. But a new kind of supply chain creates new kinds of risks
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CommentPerformance bonds: Don’t bank on it
Bonds have long been established as part of the contracting process. But there may be advantages to sourcing them from insurance providers rather than banks
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CommentWhen is a building not a building?
Defining what is a building – or more specifically a construction operation – is not as easy as you think
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CommentThe doctrine of frustration
What effects would the outbreak of war on the international construction market?
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CommentTurning the light off
Goldman Sachs’ proposed headquarters is being hindered by two right to light disputes. But should the City of London Corporation use its powers to override these rights?
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CommentNew housing standards on the way
National standards are part of the government’s drive to cut costs, but will there be other consequences?
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CommentICC form: The Latest Model
A second edition of the ICC form – aimed at infrastructure projects – is on the horizon. But how much of an improvement over its predecessor is the consultative edition?
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CommentLADs: Sharing the pain
Recent cases may prompt employers to increase the liquidated damages they seek from contractors, who in turn may be more inclined to pass them down to subcontractors
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CommentVariation clauses: At your discretion
Variation clauses allow employers to alter works part way through a project. But they can lead to unfairness if a contractor has to act without waiting for instruction
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CommentScotland: Another country
Scotland may still be part of the United Kingdom, but the extra devolution promised by all three main parties will have consequences for those contracting north of the border
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CommentWhen setting-off isn’t letting off
There are circumstances where the paying party may avoid settling an amount awarded by an adjudicator using set-off
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CommentConstruction Act: Pay back time
Moves to speed up payment for the supply chain may have tipped the balance too far the other way and some subcontractors are cashing in
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CommentLiquidated damages: The unlikely LADs
A court struck down a liquidated damages clause because when the value of the contract was reduced, it became disproportionate and ‘unconscionable’