Legal Comment – Page 46
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CommentCollaborative working: Age of the team players
The industry has a number of tools to help focus collaborative working. So, is partnering still the future of construction?
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CommentChain of indemnity
A look at a case where an indemnity clause was found to be applicable despite the beneficiary being at fault
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CommentFor all practical purposes
A case on the familiar topic of a professional’s duties in certifying practical completion
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CommentLearning to get ahead of the game
Stereotypical substandard student accommodation is changing
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CommentRisky business
More than 80% of the industry complain that contract obligations are becoming too complex. But guarding against risk early on could save money
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CommentPayment abuse: Won’t pay, must pay
Don’t underestimate the challenge. It’s time to beef up the Payment Charter
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CommentLet’s talk about it
A High Court decision says parties to a dispute may be obliged to first to enter into friendly discussions
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CommentThe cost of avoiding disputes
Can we learn from earlier arrangements to reduce disputes later?
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CommentWhy did you sign that?
Identifying who is liable if that dream property purchase turns into a nightmare can be difficult
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CommentAnother brick in the wall?
There are contractual solutions to guard against building material shortages
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CommentProperty: Waving a green stick
Plans are afoot to compel private landlords to make energy efficiency improvements to their properties
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CommentNo messing north of the border
This case from the Scottish Court of Appeal reiterates the point that adjudication should not be held up by minor technical points
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CommentInsurance: Living with uncertainty
Insurance can help projects thrive by limiting uncertainty but developers must take initiative in developing their programmes
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CommentChallenging times
In regards to procurement, the public sector is already held to a far higher standard than private clients
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CommentHealth as well as safety
The HSE wants to consolidate the message that exposure to hazardous substances and dusts containing silica is as much of a health risk as on-site safety
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CommentTermination at convenience
Terminating a contract is never an easy call to make, and it could have a strong impact on later damages payments should you act too hastily, as these cases demonstrate
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CommentNew homes insurance and lost deposits?
A recent TCC judgment involves claims by a number of parties in respect of lost deposits paid for new flats
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CommentA case for compensation
A case in Ireland considered some of the clauses surrounding compensation events in the NEC3 suite of contracts
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CommentThe Freedom of Information minefield
Parties are using the Freedom of Information Act to strengthen their positions, so be aware when working with a public body that it may have to disclose information you’d rather it didn’t
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CommentKeeping the cash flowing
The fair payment charter is clearly going to need some teeth and enforcement powers but who the teeth will belong to and what the enforcement measures will look like remain to be seen