Legal Comment – Page 54
-
CommentStop scrabbling around
The losing party in an adjudication sometimes tries to come up with a reason not to pay. But, however ingenious the argument, the court is likely to enforce the adjudicator’s decision
-
CommentResponsible parenting
When it comes to competition law, parent companies need to keep a close eye on their subsidiaries, even if they operate independently
-
CommentInsolvency and adjudication
An adjudicator decides who has to pay what to whom - a decision that is binding. But what happens when the payee is insolvent and any money paid may never be seen again?
-
CommentClaims under collateral warranties
In her final column for Building, Rachel Barnes looks at a case that sheds some light on the thorny question of whether a claim under a collateral warranty can be referred to adjudication
-
CommentWithholding payment after adjudication
Withholding payment after an adjudicator has made a decision puts you in tricky territory. But one of the parties in this case attempted to find a way to do just that
-
CommentNo stay of execution
A contractor tries to delay paying its subcontractor, arguing that it cannot reclaim the money later if the other firm goes into administration. What did Mr Justice Ramsey think?
-
CommentDisaster management: Saving your business and your reputation
Sometimes things happen in a way that could not be predicted. So when things go wrong, what’s the next step?
-
CommentJCT in non-UK markets: Going global
The JCT is launching a survey to find out about people’s experiences of using its contracts abroad. Our new columnist weighs up its chances of success in an international market
-
CommentMandatory cost budgeting: Counting the cost
Construction legal experts debate the highly controversial subject of mandatory cost budgeting
-
CommentMuseum of Liverpool: Picking up the tab
Another interesting aspect of the Museum of Liverpool case is that the architect had to pay an adjudicator’s fee for an adjudication it wasn’t involved in. Does this set a precedent?
-
CommentWill collateral warranty standard clauses stand up?
Pre-recession, collateral warranties were ‘belt and braces’ protection. All that has changed
-
CommentStrategic use of notices over holiday periods
Holiday seasons are often a time for time-sensitive notices – we should be grown up enough to accept this as an acceptable business activity
-
CommentParkwood Leisure Ltd vs Laing O’Rourke Wales and West Ltd: Collateral warranties as construction contracts
This decision may lead to contractors and subcontractors trying to limit the number of warranties being given
-
CommentGood faith clauses
As Luis Suárez questions his contract with Liverpool, we look at the similarities between football and construction contracts - and what they can show us about good faith clauses
-
CommentArchitects in the frame
The much-debated Museum of Liverpool judgment shows us that it can be the architect’s head on the block rather than the contractor’s
-
CommentThe new state schools
Publicly funded academies and free schools offer new opportunities for the construction sector. But make sure you know who the decision makers are
-
CommentStudent accommodation LADs: Missing the start of term
Contractors and developers are used to paying LADs when a project is running late. But missing a deadline on student accommodation can lead to more complex issues
-
CommentIndustrial strategy: Round Two
Last week, our columnist gave the government a piece of his mind over the Construction 2025 strategy. This time he explains how it should be changing its own behaviour in order to make savings
-
CommentPick your battles: Adjudication when a party is in administration
Taking part in an adjudication will always be a risk – but even more so when one of the parties is in administration. We look at the issues you should consider
-
CommentVerbal agreements: Is your word your bond?
The use of an oral or verbal contract in non-construction activity is commonplace, so is there any reason why we should not extend it into construction works?