Legal Comment – Page 53
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CommentTaking over provisons: Risky business
Should an employer accept that gaining access pre taking over or practical completion will involve transfer of risk?
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CommentAdjudication rules: Rewrites and wrongs
A main contractor can write its own subcontract adjudication rules if it wants, but the chances are they won’t change anything and they could end up as a PR disaster
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CommentHousebuilding: Missing the target
The sector is on the up but we’re not building enough to solve the housing crisis. What obstacles does the planning system present and how do these vary around the UK?
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CommentPractical completion: Are we there yet?
Most of the time in life we know when something is finished but how do you define when a building is ready
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CommentLegal costs and interest: Calculators at dawn
The parties in the Museum of Liverpool case have just trooped back into court to settle the matter of legal costs and interest to be paid - a battle almost as contentious as the case itself
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CommentDo your paperwork
Design-and-build with novation is an attempt to reconcile the conflicting requirements of single-point responsibility and design control, but to work it needs clarity from the start
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CommentCollaboration: All for one and one for all
Alliancing, a form of collaborative working, can make for a non-contentious relationship between parties, foster a no claim/no blame culture and keep costs down. What’s not to like?
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CommentOUP Construction Adjudication and Payments Handbook: Hernia-inducing tome
OUP’s Construction Adjudication and Payments Handbook is a wonderful resource, with key cases and commentary to boot – but at 542 pages, why oh why is there no online version?
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CommentMake sure you do your homework
This case demonstrates the importance of checking the financial standing of who you contract with
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CommentPlanning for stadiums: A sporting chance
Applying to build a sports stadium in an urban area can lead to a number of planning issues. But developers and contractors should point out the benefits it can bring to the community
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CommentThe benefit of experience
Age may not lead to wisdom, but looking back at her days as a junior solicitor Ann Minogue finds that she now has some of the answers to the things she did not understand back then
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CommentChoose your weapon
A contractor used a procedural trap to try to torpedo an adjudicator’s decision against it. Unfortunately for the contractor, it blew up in its face
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CommentThorns in the green shoots
Contractors are still using some of the dirty tricks they learned in the depths of recession to squeeze supply chains. But they may not get away with it for much longer
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CommentHow viable will adjudication be in future?
The recent Museum of Liverpool has huge implications for adjudication costs and makes it a much riskier undertaking for smaller firms
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CommentWhat's in a name?
The TCC has reviewed the law in relation to misnomer and shown that courts are able to call on extrinsic evidence when something goes wrong with the naming of a party
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CommentAll change: CDM regs
The HSE has indicated that changes to the Construction (Design and Management) Regulations due in 2014 are likely to be wide ranging and focused on more than cutting red tape
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CommentIn at the deep end
A bolt-on to a standard contract for a swimming pool put the contractor into dispute with the facilities manager. But can a collateral warranty within a contract be referred to adjudication?
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CommentBe aware of serial defects clauses
A recurring clause in civils work contracts on wind farms can be problematic
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CommentSection 144: What about commercial property?
When redeveloping an empty property, the project can be at risk of delay from squatters. The law now protects residential stock – should the same happen with commercial buildings?
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CommentPress "send" in haste, repent at leisure
Owing to the dominance of e-communications it is easier than ever to record the wrong thing