Legal Comment – Page 52
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CommentProfessional advice: The wrong trousers
If you wanted advice on a medical matter, you wouldn’t turn to your butcher, so why go to a landscape architect when you need design advice? Choose the right person for the job
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CommentContract fatigue?
The continuing desire to bring new standard form contracts to the market is astonishing – maybe the construction industry should adopt a new year’s resolution
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CommentAdjudicator jurisdiction: The challenge
This case is useful in exploring issues around whether an adjudicator can have jurisdiction to hear a dispute if there is no contract in writing
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CommentRectification of contracts: Correction facility
Rectification of contracts is not granted lightly by the courts. But where clauses have been intentionally doctored in drafting, this remedy still has an important role to play
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CommentBuilding maintenance: Someone to watch over me
Whatever the law says, construction folk should raise an almighty stink when buildings such as hotels are not maintained to the latest standards. Public safety may depend on it
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CommentExpert shopping: They're not just for Christmas
Choose carefully when picking an expert to support your case – replacing them if they don’t provide the answers you want may prove difficult
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CommentWorth the paper it's written on?
We take a look at the difficult subject of policy wording, and how some insurers are being accused of using warranties and conditions to walk away from claims
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CommentThe class of 2018
Demand for school places is set to rise rapidly over the next few years, particularly in inner-city areas. Does the system need adjusting to free up more land for development?
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CommentA problem shared
Net contribution clauses protect companies from taking all of the blame if another liable party has become insolvent. But it’s important to be sure whose work it covers
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CommentMuddled indemnity
The losing party refuses to pay an adjudication award for fear that the winner will go bankrupt before they get to court. Can the winner’s insurers be of help? Don’t bank on it …
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CommentWhat does the Lewisham Hospital decision mean for the NHS estate?
Services at Lewisham Hospital were saved by the recent Court of Appeal decision, but at what cost to future capital investment?
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CommentWe need to talk about BIM
BIM is famously the magic formula that will get the industry working together in peace and harmony. But it looks awfully like a way of shifting risk onto subcontractors …
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CommentLetters of intent: Start as you mean to go on
The ongoing dispute between Volkerfitzpatrick and Keller shows the dangers of failing to back up a letter of intent with a finalised, formal subcontract
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CommentIslamic finance: Open for business
David Cameron wants to issue the first Islamic bond outside of the Muslim world. Hamid Yunis, one of the people consulted on the government’s plan, looks at what this could mean for the UK construction sector
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CommentDefining due diligence
An obligation to exercise ‘due diligence’ is a common term in construction contracts, but what does this entail? A recent TCC case provides some guidance
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CommentIs it time to crack the Code for Sustainable Homes?
The government’s Housing Standards Review takes aim at the Code for Sustainable Homes. Our columnist assesses the different options that could replace it
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CommentAlternative dispute resolution: Silence is golden
Engaging in an alternative dispute resolution is not compulsory but ignoring an invitation to participate is likely to lead to costs sanctions
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CommentECO funding: So what happens now?
ECO was supposed to provide support to the government’s Green Deal financing structure – but things haven’t really worked out as planned
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CommentE-disclosure: A clearer path?
As electronic communication and documents become increasingly ubiquitous, procedures around disclosure have to be updated to keep up
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CommentCorruption: Time for a deep-clean
A CIOB survey suggests that corruption is still rife in construction. So what more can be done to remove this stain on the industry’s reputation?