Legal Comment – Page 61
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CommentThe 2013 legal calendar
What legislative and regulatory changes are due to take effect in 2013? Here’s a list to look out for over the coming year and their likely impact
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Comment10 wishes for 2013
As a new year begins and pantomime season draws to an end it’s time for us to put an order in to construction’s fairy godmother …
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CommentFrom the archive: Tony Bingham's first Building column
Read an extract from long-servng Building columnist Tony Bingham’s debut comment piece from 25 years ago
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CommentInternational law: 2012 round-up
Building’s international legal experts reflect on a year where arbitration has been increasingly promoted in developing economies
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CommentPF2: Second time lucky
The government has finally revealed details of its replacement for the private finance initiative. What can we expect under the ‘Son of PFI’?
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CommentThat was the year that was
A largely dispute-free Olympics Games were the triumph of the year but elsewhere construction lawyers had plenty to keep them occupied
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CommentFeeding frenzy
Adjudication today is a far cry from what parliament envisaged but there’s no question it’s working well for the disputomaniacs who earn their crust from it
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CommentJudicial review reform isn't enough
For real change of the judicial review process, the courts need greater funding to speed up the determination process
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CommentBIM: Taking the leap
BIM has the potential to change the face of the construction industry, but will it?
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CommentProfessional indemnity insurance: A risky business
The economic downturn and increase in repossessions has meant that it is increasingly difficult for surveyors involved with valuations to get professional indemnity insurance
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CommentWhy an adjudicator can't change his mind
An adjudicator decides a dispute but on a second adjudication changes his mind and reverses his earlier decision. Only human, you might think - but totally against the rules
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CommentMediation is for consenting adults
You can’t bully people into mediation. Both parties must have a genuine desire to settle the dispute. And that’s one of the reasons why, in construction, it has never really taken off
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CommentLaughing all the way to the Green Investment Bank
The UK’s Green Investment Bank, launched this week, will invest in green projects that might otherwise have bitten the dust. It should bring some cheer to construction
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CommentReasonable endeavours: So very obliged
How far does a party need to go to show it has used its best endeavours to do something - not, surely, to the point of ruining itself?
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CommentThe last word in adjudication
How many submissions should each party be allowed in an adjudication - and which side should be given the final say? It depends which rules of natural justice you follow
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CommentPC Harrington vs Systech: Fair game
Disputants and learned judges please note: adjudication is a rough and ready process that isn’t always fair. That might seem tough but it’s just what parliament intended
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CommentPC Harrington vs Systech: Something for nothing?
The potential consequences of the PC Harrington vs Systech International judgment
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CommentTanzania – Birth of a gas giant?
Opportunities fired by natural gas could make Tanzania an attractive prospect for business – but what are the key considerations for working there?
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CommentPC Harrington vs Systech: Wrong call
Even if the decision an adjudicator reaches is unenforceable, they should still get paid. But that’s just my opinion. The Court of Appeal clearly thinks differently …
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CommentDispute resolution: Ask an expert
Involving an expert in dispute resolution can help your case - but make sure that they are experienced, a good communicator and can offer independent advice in the eyes of the court