Legal Comment – Page 63
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CommentThe CIL needs urgently addressing
If two technical issues are not resolved, the Community Infrastructure Levy could actually hinder new development
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CommentOnce more unto the breach
When does a delay to a project become sufficiently serious to incur a repudiatory breach, allowing the contract to be terminated?
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CommentLitigation: Winning isn’t everything
The successful party in litigation used to nearly always get their costs paid by the loser. How things have changed…
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CommentHousing: Death of section 106?
The government’s housing and growth initiative may have hammered another nail in the coffin of the traditional means of paying for affordable housing
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CommentAmending contracts: Tweak havoc
Amending an existing contract can make commercial sense, but the procuring party needs to take care not to open itself up to claims from the other original tenderers
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CommentIndemnity: Rust revisited
A problematic case on the interpretation of an indemnity has so far exercised the minds of eight of our most senior judges
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CommentAdjudication: Pack up your troubles in your old kit bag
Adjudication is supposed to be a quick-fix solution at a reduced cost. Down in the trenches, however, the parties are expecting a judge-like quality of reasoning to resolve their disputes
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CommentDispute Adjudication Boards: A DAB hand
The RICS has decided to champion the dispute adjudication board system used for the Olympics. But DABs have been in use for a while elsewhere in the world - and for good reason
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CommentEducating for construction: Time to skill
The industry should be thinking hard about what sort of graduates it wants from our colleges and universities
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CommentWorkers' rights: View from the hot seat
It is vital for employers to keep abreast of changes to their workers’ legal rights. A raft of recent case law offers some guidance
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CommentLegal 500 2012: Which construction lawyers are top of the list?
Building legal columnist among those praised for expertise in construction law field
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CommentHarassment: Be a responsible boss
If employees are found committing harassment, employers could find themselves liable without taking the right steps to prevent it
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CommentGroundworks: Digging deep
Who carries responsibility if the ground conditions necessitate a design change in a building project?
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CommentAdjudication: Having the last word
Don’t confuse adjudication and litigation. Judges don’t have to put up with as much chaos as the typical adjudicator
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CommentFifty shades of liability contract
A dispute about the extent of liability for a fire at a popcorn factory was largely to do with the terms of the contract - just like Fifty Shades of Grey
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CommentNigeria: Too big to ignore?
Nigeria is expected to become Africa’s largest economy by the end of the decade. Here’s what you need to know about doing business there
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CommentMultiple choice gives no answers
Raising one issue at a time in serial adjudications can lead to confusion all round - everything should be decided together
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CommentClass action against blacklisting
A class action against Sir Robert McAlpine has cast a new spotlight on blacklisting that could mean a spate of similar claims - but winning these cases remains hindered by limited regulations
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CommentBlown out of all proportion
The OFT sent a message to the industry by enforcing huge fines over cover pricing. A simple warning would have been enough
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CommentLetters of intent: I demand to see the manager
What happens if a client can’t make a claim against its contractor because the contract was signed too late? Well in this case, it’s the project manager who gets it in the neck instead