Legal Comment – Page 68
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CommentDoing business in China: The meaning of Guanxi
When doing business in China, exchanging gifts, building friendships and developing mutual trust are more important than signing the contract
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CommentThe TCC and standard final accounts disputes
High Court judges are rebelling and want to send standard final accounts disputes to the county courts. All very well, but it would be a lot quicker to get adjudicators to hear them
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CommentShould contracts have a clause explaining what 'force majeure' means?
Force majeure has no definition in common law so is it time to introduce a clause into construction contracts that actually says what it means?
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Comment
Cleaning up the contaminated land regime
Changes to the contaminated land regime are set to simplify the way in which local authorities designate sites, which spells good news for the building industry
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CommentTony Bingham: Dereliction and duty
Does a council have the right to step in if a building is falling down and the owner does nothing? It’s not quite that simple …
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CommentPublic procurement: Don't take it lying down
Challenges to public contract awards are rising - and judges are stepping in where regulators have failed to tread
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CommentDesign and build contracts: There's always a risk
Design and build contracts were meant to prevent claims arising but, as the M6 toll road project shows, the one-stop shop approach can still lead to the courts
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CommentInterim decisions and disputes: The benefit of hindsight
Decisions made during a construction project that are later reviewed can split opinion, with some parties in a dispute asking an adjudicator to ignore what actually went on to happen
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CommentRefusing to pay an adjudicator's award: Dicing with disaster
Refusing to pay an adjudicator’s award because you think it will be overturned further down the road can be a dangerous and expensive game
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CommentNew procurement strategies and legal contracts
The government’s plan to become a smarter client is coming into clearer focus with the publication of three procurement models, to be trialled alongside three different contracts
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CommentPublic procurement decisions and EC rules
The unfair treatment of a Scottish council tenderer raises the question of whether EC procurement rules apply if the contract is of no interest to parties outside the UK
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CommentThe Olympics delaying other projects: the legal issues
If construction projects in London are hit by delays caused by the Olympics, who bears the risks? Not all contracts will have clauses to deal with this …
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CommentExpert witnesses of opinion: Takes one to know one
A negligence case against a professional often, but not always, benefits from the opinion of an expert in the same field
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CommentNew provisions in the Construction Act: To be judged
Different interpretations of the wording of the new Construction Act are causing confusion, and until the new provisions reach the courts this is unlikely to change
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CommentKnowing when time limits for legal action start
There are time limits for commencing legal actions but the really tricky part is knowing at what point the clock starts
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Comment
Tax changes in April: A trap for the unwary
Changes to capital allowances mean that from April, if you don’t get the tax treatment of fixtures for a new building right, you could be scuppering your chance to sell it
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CommentAfghanistan: The legal landscape
The decision to open up its mines may create a host of opportunities in Afghanistan for foreign firms - for those familiar with its legal system
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CommentThe urge to win in court: Playing dirty
Here’s a case that carries a warning to parties in a dispute that fighting your corner too viciously may cost you dearly in the long run
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CommentMinimising the risks if your contractor might go bust
A developer is in a tough spot if he suspects his contractor might go bust - insolvency is not a breach of contract, and if he terminates it incorrectly there may be trouble
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CommentTime to invest in training and education
The Joint Contracts Tribunal has been calling for an educated workforce - if only to keep them out of trouble