Legal Comment – Page 55
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CommentConstruction 2025: You cannot be serious
The industrial strategy for construction asks the industry to do a lot ‘in partnership’ with government. But why are we the ones being asked to do more work for less money?
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CommentHow to meet the deadline for HCA funding agreements
Projects must be completed by March 2015 in order to benefit from HCA funding agreements. What steps can be taken to ensure this happens?
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CommentMuseum of Liverpool case: What went wrong?
Despite being urged to settle, the architect involved in the Museum of Liverpool case chose not to. Thus follows a cautionary tale about how not to approach a trial
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CommentMozambique: Africa's new challenger
What happens when one of the world’s poorest nations discovers some of the world’s richest energy reserves?
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CommentThis is an ex-adjudication
This adjudication ran into difficulty. No wonder, when the parties involved bombarded the adjudicator with too much information for the short amount of time he had
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CommentPutting on the brakes
If someone takes out an injunction against a developer, it can cause a serious delay. What are the implications and how can you best prepare to minimise the effect?
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CommentLegal brief: ABB vs Bam Nuttall
This case provides a good example of an adjudicator being held to be in material breach of the rules of natural justice.
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CommentConstruction 2025: Making it happen
The government’s Construction 2025 strategy could revolutionise our industry. But those of us who remember the Egan report will know how easy it is to let a chance for change slip away
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CommentLegal brief: Importance of site inspections
Northumbrian Water Ltd vs Sir Robert McAlpine Ltd shows how well documented site investigations may bolster a contractor’s defence when disputing a negligence and nuisance claim
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CommentProject Horizon: The two-stage is set
Surrey council’s use of two-stage open-book procurement shows how radical changes in supply chain management can ease the pressure on the public purse
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CommentA stake in the ground
Labour’s warning to developers that they should use land or prepare to lose it may sound bold, but will it be any more effective than existing compulsory purchase powers?
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CommentTaking a penalty
Liquidated and ascertained damage clauses for delays can see a contractor lose money - unless they can argue that the amount charged is a penalty and therefore unenforceable
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CommentIndependent thinking
Next year the people of Scotland will decide whether to cut their historic ties with the rest of the UK. What effect could independence have on the Scottish construction industry?
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CommentQatar: To boldly go where Boris has gone before
From pearl fishing to being one of the world’s wealthiest countries, per capita, Qatar is on an upward trajectory. What do you need to know to do business there?
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CommentLegal brief: The airport debate
There’s a need for more airport capacity in the South-east, but most politicians would rather leave the decision in the ‘too difficult tray’
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CommentCorporate manslaughter: How to avoid breaching the law
The number of corporate manslaughter cases is rising - how can you avoid a breach in the law?
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CommentLegal brief: Third party rights
Traditionally, third parties on projects have looked to collateral warranties but drafted wisely third party rights can provide security but without the time, cost and pain
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CommentHearsay evidence: He said, she said …
If a witness cannot be traced, then a party might need to rely on hearsay evidence. But getting the court to give weight to such evidence isn’t easy
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CommentHow low can you go?
Desperate times call for desperate measures and some bids for public sector jobs have come in abnormally low. But this can be bad news for contracting authorities and bidders alike