Legal Comment – Page 65
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CommentThe new CIOB contract: read and then comment ...
Far from being overcomplicated, the new CIOB complex contract is as simple as it can be without becoming ineffective
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CommentCIOB complex contract: Unpickupable
The new CIOB contract: Another standard contract that nobody will ever have the time or energy to read
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CommentThe Construction Act: Lost in translation?
As we await the first court judgment on the Construction Act’s amended payment rules, questions remain over whether the law says exactly what legislators meant it to …
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CommentWhose privilege is it anyway?
Advice given to a firm may be protected by legal professional privilege, but things can get messy when there’s a conflict of interest between the company and its directors
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CommentGuidance from TCC on key construction issues
Contractors should take note of the recent judgment in Walter Lilly vs Mackay with regards to loss and expense claims
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CommentLibya's new regime: An alarming message
A recent decree that allows Libya’s interim government to control the assets of companies with links to the old regime sends out a worrying message to foreign investors
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CommentThanks for the memories …
Firms are getting fidgety about the sensitive information that goes out the door when employees leave to work for rivals
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CommentPart 36 revisited
The Civil Procedure Rules are set up to encourage formal offers of settlement. But what if the deal is proposed by a counterclaiming defendant?
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CommentThe duty to warn
If a dentist treating one tooth notices that another is rotten, he has a professional duty to tell the patient. Unfortunately, the duty to warn isn’t always so straightforward
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CommentCan a partner also be a worker?
The Appeal Tribunal has ruled that it makes no difference if someone is a partner in a firm and is posted abroad - UK law still entitles them to bring a claim of discrimination
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CommentAs the judge said to the lap dancer
Whether a site worker is self-employed or an employee is a debate that’s been bugging our industry for years. Parallels can be found in a case from a very different industry
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CommentHow to avoid going bust
The recent demise of the John Doyle Group illustrates how hard it can be for contractors to obtain payment in a recession, but there are ways to improve cashflow
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SuDs law: Sustainable drainage systems
Legislation compelling developers to build sustainable, rather than piped, drainage systems comes into force in October. Here’s how it will work
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CommentGetting an offered settlement right
Failing to incorporate all of the relevant parts of the Civil Procedure Rules into an offered settlement is just an invitation to future drawn-out disputes
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CommentSame case, two places at once
When the same case came before the TCC and an adjudicator at the same time, one party’s barrister politely asked the TCC judge to go away. Here’s what he decided to do instead
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CommentDon't waive legal privilege goodbye
Legal professional privilege can be inadvertently waived, meaning you will have to hand over potentially damaging information. Here’s how to stop that happening
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CommentProcurement: Following the fashions
As the government prepares to implement its Construction Strategy, Peter Hibberd looks back on how the world of procurement has changed over the past 50 years
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CommentSupply-only deals: Beware your own small print
Supply-only deals don’t normally go to adjudication but here’s one that did largely because neither side had a clue what the terms of the contract said
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CommentGhana: A modern legal outlook
Oil revenue, high growth and political stability are expected to generate extensive construction opportunities in Ghana. So how does the legal regime work?
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CommentHow to follow a pre-action protocol
A pre-action protocol could help resolve your dispute and avoid a costly court procedure - but it involves more than simply complying with a set of rules