Legal Comment – Page 51
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CommentMy word is my bond. Well, perhaps…
The Doosan vs MABE judgment shows that the law has extended the reasons why one can restrain calls on bonds
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CommentContesting government sites: Land grab
The government is giving people the right to contest the use of government land and property. So what do you do if there’s a site you want to get your hands on?
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CommentTermination: Parting of the ways
A recent case in the Technology and Construction Court is a useful reminder as to how and in what circumstances notices of termination can be given
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CommentConstruction 2025: Looking for a roadmap
Construction 2025 reminds us of the direction of travel but what’s needed now is a clear plan on how the industry can get to where it needs to be
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CommentNEC: Campaign for plain English
The NEC was supposed to move from legal language to something more practical at project level. But a case from last year shows what can happen when courts are left to interpret the contract
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CommentADR: RSVP or face costs sanctions
It is simply not an option for parties to stick their heads in the sand regarding alternative dispute resolution
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CommentFinal account process in contracts: A final reckoning
Construction contracts often provide for wrapping things up in a final statement. But this process is absent in the NEC contract - something that can create significant uncertainty
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CommentCompulsory pension auto-enrolment: Pensioned off
Next month SMEs, such as the mid-scale and smaller firms in the construction industry, will have to roll out pension arrangements for the first time. We examines some of the issues this raises
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CommentPrepare for mediation
What if one party tries to initiate alternative dispute resolution and the other doesn’t want to know? Elizabeth Repper writes on some interesting points from a recent case and on how to structure mediation
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CommentAdjudication costs: Winner takes all
New European regulations raise the possibility of adjudication winners being allowed to claim back legal costs from the losing side. But would this contravene the Construction Act?
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CommentWalkie Scorchie: Warming up
Right to light cases are traditionally fairly straightforward, but could the ‘Walkie Scorchie’ effect change all that? Richard Manyon considers some of the issues
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Comment2014 predictions: Wishful thinking
Ann Minogue offers some hopes and predictions for 2014, and has a bone to pick with the construction industry’s fairy godmother …
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CommentConstruction Act: Super size me
When parliament served up adjudication in the Construction Act, it intended it to be a fast, cheap way of sorting out a dispute. But it’s turned into something much bigger than that.
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CommentProtocol, efficiency and buzzwords: in defence of BIM
Tony Bingham’s provocative article kicked off a valuable debate. Let’s look at some of the truths about BIM
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Comment2013: Unlucky for some
Lawyers had plenty to keep them busy this year, with duties of good faith in commercial contracts, lawsuits over blacklisting and confusion over changes to court rules
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CommentSoft Landings: Extra cushions
The Government Soft Landings initiative is designed to keep the project team involved in the operation of public buildings post-completion. But what are the contractual implications?
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CommentHealth and safety: Risky business
Health and safety is a live issue and will remain in the headlines for the foreseeable future. As construction activity picks up, it should not fall down the list of priorities
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CommentAdjudication: Fit for purpose?
Is adjudication serving to resolve small payment disputes and provide cash flow?
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CommentEarly payment schemes: The industry disease
Construction firms claim their early payment schemes give them flexibility, but critics say they are unfair to subcontractors and are killing growth. So who’s right?
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CommentContracts: Beware the short cut
Many subcontracts try to incorporate main contract terms with a simple phrase or two. But such quick fixes can easily come unstuck - what you really need is certainty