Legal Comment – Page 7
-
Comment
Please stop arguing with the arbitrator
The courts are pushing back against losers’ attempts to challenge arbitration rulings on dubious procedural grounds
-
Comment
Settle now or later? Why the final account stage needs more attention
Given the benefits of holding fire, contracts should make more provision for resolving all disputes at the final account stage
-
Comment
Essential law: Defects, part two
In the second article of the essential law series to look at the topic of defects, Jane Burrows explains when a defect could prevent practical completion as opposed to just being a snagging item
-
Comment
Case in focus: Readie Construction Ltd vs Geo Quarries Ltd
A case in which the contract terms required full payment for defective goods
-
Comment
Learning from Grenfell: collaborative procurement to support building safety
New government guidance will help implement Judith Hackitt’s recommendation of a more integrated, less adversarial approach to construction
-
Comment
The fury of a homeowner
Tony Bingham is alarmed by an MP’s draconian suggestions for regulating domestic building works – and has a much better idea
-
Comment
Can you skip the adjudication step?
A health board’s right to raise a court action against its contractors was challenged on the grounds that the contract required adjudication be undertaken first. Shona Frame and Kathryn Moffett unpack the implications of the case
-
Comment
A new bill proposes to abolish retentions altogether
Another private member’s bill aimed at reforming payment practice in construction has more ambitious aims than its predecessors
-
Comment
Research identifies the main causes of disputes
Toby Hunt and Helen Collie share the lessons from the latest Crux Insight 2021 analysis of project cost and time overruns, which found design issues are now the top cause of disputes
-
Comment
Decarbonisation: managing change
Stephanie Canham unpacks the contractual implications of the new heat and buildings strategy and the upcoming changes to Part L
-
Comment
Sex, gender and freedom of speech in the workplace
Rebecca Bull warns that employers must be mindful of the law on sex versus gender, including on protection of belief
-
Comment
The end of the beginning: 2021 in construction law
Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic
-
Comment
Making-good decisions
A recent TCC case produced an important ruling on the role of notices of completion of making good defects and looked at severance of adjudicators’ decisions
-
Comment
Good faith strikes again
A new ruling shows you can’t breach part of a contract then use the contract machinery to turn that breach in your favour, explains Tony Bingham
-
Comment
Can tech help solve the supply chain crisis?
John Wevill on using data analytics, blockchain and smart contracts to minimise supply problems in the construction industry
-
Comment
Case in focus: Surrey County Council vs Suez Recycling and Recovery Surrey Ltd
Ted Lowery looks at a case that examined conflicting dispute mechanisms in a PFI contract
-
Comment
Witnesses – do we need them?
Hamish Lal considers the relative value of witness evidence versus the documentary record
-
Comment
Stop deifying the institution
The RICS needs to move out of the Middle Ages: its true role is as a club that supports and trains its members, says Tony Bingham
-
Comment
Adjudication can rarely be enforced in insolvency
Julian Critchlow considers the recent appeal ruling in John Doyle, on insolvent claimants’ entitlement to summary judgment to enforce adjudicator’s decisions
-
Comment
Construction mediation – a mandatory step?
Sheena Sood and Michael Salau on recent moves towards making ADR compulsory