Legal Comment – Page 69
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CommentRefusing to mediate can be costly
If you refuse to mediate and the court deems this unreasonable, you’ll need to give a good reason why or face the consequences
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CommentAdjudicators 'taking the initiative'
Adjudicators on construction cases are allowed to ‘take the initiative’ to establish the facts but straying too far from the path can have severe consequences
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Know your novation: What's changed?
Novation may be a familiar story but don’t get complacent about it - there’s an unexpected sub-plot with hidden traps set by the Construction Act
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CommentBIM and legal issues: Model behaviour
BIM could throw up all kinds of legal issues around liability when a project goes wrong. A clear implementation plan is needed from the outset
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CommentCould Cala row prompt further planning guidance?
Ian Ginbey argues that Eric Pickles’ latest defeat may have repercussions across the planning system
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CommentPayment under NEC3: Project managers' interim assessments
This recent case highlighted the fact that interim assessments of valuations are generally valid - until proven otherwise
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CommentInformal legal advice: Breaking the 11th commandment
Judges will condemn any adjudicator who breaks the 11th commandment and asks a lawyer for advice on a case but doesn’t formally declare it
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CommentLegal disputes: The Olympics and Wembley
The notable lack of disputes on Olympic projects has been down to the openness of dialogue and willingness to share and exchange documents. If only Wembley had done the same
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CommentChallenging the methodology of an adjudicator
The judge took a dim view of this adjudicator adopting a different methodology to calculate a claim to that used by the parties involved, and his decision was not enforced
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CommentShepherd vs Pinsent Masons: What a carry on
You may hope that a long relationship with a law firm will ensure continuity of service. But if the firm merges or becomes a new legal entity, then watch out for what changes
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CommentThe ICE Conditions of Contract: An old friend
The ICE Conditions of Contract has been spruced up and given a new name. It may be no more fathomable than its precessor but at least it won’t bite you where it hurts
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CommentLegal issues with electronic documents
Lawyers are increasingly dealing with electronic documents. But for this data to have any authority, it needs to be carefully stored and managed
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CommentWill infrastructure projects happen without 'hybrid bills'?
The government’s National Infrastructure Plan promises 500 projects worth £250bn - but could they grind to a halt without the driving force of ‘hybrid bills’?
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CommentPre-pack deals: What's in the package?
YRM hit the headlines when it opted for a controversial pre-pack deal, so who is supposed to benefit from these transactions and how can you protect yourself as a creditor?
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CommentChallenging awards of public sector work: Hold it right there
In 2009 rules were brought in to make challenging awards of public sector work more effective. Since then a number of cases show how the rules are being applied
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CommentChoosing an adjudicator: Eleven against twelve
Would you agree to play if the other side had chosen the ref? Neither would this disgruntled architect …
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Legal issues with the Green Deal
Controversy around the Green Deal continues to make headlines, and from a legal perspective there are barriers that will need to be resolved
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CommentPartner Projects vs Corinthian Nominees: Adjudicators and awarding interest
In a clarification of legitimate conduct for an adjudicator in a final account dispute, the court upheld the adjudicator’s decision to award interest
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CommentQatar's construction boom: The legal risks
With FIFA 2022 and multibillion infrastructure projects in the pipeline, many firms are heading for Qatar – but there are legal risks within contracts to be aware of
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CommentEnergy Act, Green Deal and EPCs: Key legal points to remember
From April 2012 new regulations relating to the energy performance of buildings come into play, ahead of the roll-out of the Green Deal in October