Legal Comment – Page 57
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CommentBahrain: Construction opportunities in the ‘land of the two seas’
Bahrain is a pure and sacred place known as “the Pearl of the Arabian Gulf” – and a place with an increasing number of opportunities for UK construction
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CommentLimitation periods and adjudication
The idea of adjudication is that it has no bearing on any subsequent litigation or arbitration, but in this case a clever argument tried to get around that principle
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CommentEasements: What's yours is theirs
How easements - rights that people who don’t own the land can exercise on it - can hold up a development
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CommentNo crime and punishment
Contracting authorities can ban bidders from their tenders for certain crimes and also for non-criminal acts that amount to ‘grave misconduct’
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CommentKnowing who you're in contract with
Problems with a retaining wall led to a dispute for damages. But who had the engineer signed a contract with - a business or an individual?
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CommentMAC clauses: Phantom menace
Material Adverse Change clauses are often included in commercial contracts but rarely enforced. Developers need to be aware of what can happen when they are, as a recent case has shown
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CommentRepudiatory breach of contract: Once more unto the breach
A repudiatory breach by the other side allows you to terminate a contract. But you will need to be sure it is such a breach if you don’t want the courts to put you right
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CommentContract flexibility: How far can it bend?
Flexibility in contracts is a complex matter. Professionals need the freedom to exercise their judgment, but never at the expense of precise language
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CommentThe madness of NEC the third
This clause was so complicated that the parties offered two different interpretations and the adjudicator went with a third. Which started a whole new round of wrangling …
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CommentWhat to do about BIM
The Construction Industry Council has published a new standard protocol for BIM level 2. Will it promote adoption?
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CommentSites of archaeological interest: Time to get dug in
Making sure sites of archaeological interest are dealt with appropriately can hold a project up. What steps must be taken to keep any related delays to a minimum?
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CommentLegal brief: Right to light consultation
As the submission period for the consultation closes, the law commission starts its journey through a maze of competing issues
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CommentLegal brief: Duration of disputes
Figures from EC Harris reveal that the duration of disputes in the construction sector in 2012 increased by a third compared to 2011
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CommentThe paperless trial
Technology has already transformed how lawyers deal with information in court - and soon those heavy briefcases could be a thing of the past
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CommentThe sudden death clause
It seems that a contract can contain all sorts of cheering words about partnering and still allow a termination without explanation. Don’t worry, it all makes sense to lawyers …
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CommentDamage limitation
Damages-based agreements give parties the freedom to choose how they wish to share the cost and risk of litigation. So, how do they work?
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CommentProject bank accounts: What's not to like?
Project bank accounts provide security of payment to contractors, reduce supply chain risk and even save the client money. They just need to be set up properly
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CommentLondon 2012 suppliers: Big yourself up
Recent reports indicate many eligible firms have yet to apply for a recognition licence from the BOA. But London 2012 suppliers should take advantage - the benefits are well worth it
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CommentArchitect standards: Wrap them up in cotton wool
When things went awry with the Wests’ riverside home, and the builder was already insolvent, they sued the architect. Why? He should have taken better care of them
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CommentParty wall disputes: The end of the party
When a claimant drops a claim, they become liable to pay the defendant’s costs in party wall cases. But the Court of Appeal has recently issued guidance on when the courts can ignore this