Legal Comment – Page 50
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CommentThe foresight of negligence
From a frightening beginning, this claim around negligence would appear to reach a fairly sensible conclusion
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CommentEarly conciliation: We can work it out
The introduction of early conciliation next month offers a welcome intervention in the rising tally of workplace disputes
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CommentAdjudication: Silence is not an option
A few weeks ago Tony Bingham wrote on challenges to an adjudication in the case of Twintec vs VolkerFitzpatrick. Here Hamish Lal questions some of his conclusions
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CommentWill Sir David Higgins' HS2 report mark a turning point?
Even if the government accepts this report’s recommendations, the Hybrid Bill’s passage through parliament will be a long one
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CommentLetters of intent: Paved with good intentions
The motivation for signing a letter of intent may be admirable, but the trouble they can cause should not be underestimated, as a recent case involving engineer VolkerFitzpatrick shows
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CommentAdjudication: Running repairs
Adjudication has proved very successful in keeping construction disputes out of the courts, but the system needs a few tweaks to make sure it continues to operate smoothly
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CommentLetters of intent: Cruel intentions
Parties can find themselves skating on thin ice when they proceed under a letter of intent and inevitably fail to finalise a formal contract
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CommentPublic sector work for SMEs: Ajar but not open
The government is taking steps to make public sector work more accessible to SMEs. But there’s a lot more to do - especially on procurement and ensuring prompt payment
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CommentAdjudication: Pick on someone your own size
Some parties will go to great lengths – even so far as bullying the poor adjudicator – to get an adjudication stopped. Better by far is to go straight to the judge and argue your case
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CommentNEC3 : Compensation culture
The new NEC3 contract features mechanisms to change contract prices and completion dates, under certain circumstances. We look at compensation events
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CommentPayment to subcontractors: The direct approach
The revised EU Public Procurement Directive could mean that subcontractors will receive payment directly. Our columnist compares direct payment legislation from other countries
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CommentFocus BIM on FM
If we are going to invest in BIM, let’s focus on where it can make the most difference: the operation and maintenance period
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CommentLow-bidding contractors: Always assume the worst …
Note to developers: if you are aware that a low-bidding contractor has financial issues, it is better for you, and the struggling contractor itself, just to choose another one
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CommentInsolvent companies: Owing pains
An insolvent company that has entered into a voluntary agreement with its creditors may find itself in difficulty when it tries to enforce an adjudication decision, as one recent case shows
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CommentClaims resuscitation: The patient may already be dead
If you believe you have a claim under a construction contract be conscious of the risk of expiry of limitation
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CommentBIM Protocol: Playing games of risk
It is not entirely clear how the BIM protocol is supposed to be passed down the supply chain, raising important questions about who owns what risk
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CommentDuty of care: Just desserts?
When the sign above a London cafe collapsed, causing serious injury, the finger was pointed at the shopfitter and building owner’s surveyor. But how far does the duty of care extend?
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CommentPlanning court will keep us building
Developers and public bodies, who have had to cope with the increasing cost of defending judicial review challenges, will welcome the setting up of a new planning court
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CommentInsurance: Checking your site security
Plant theft is a major contributing factor to ever-rising insurance premium prices. We look at the steps you can take to ensure that your plant remains safe and the cost of your policy stays low
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