Legal Comment – Page 72
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CommentWhat's a clause intended to do? It may take precedence over its wording
Don’t rely on legal wording without considering the context of a clause, as a judge may look at its purpose instead
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CommentA quick guide to claims arising under a construction contract
A quick guide to the typical claims that may arise on a construction and engineering project
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CommentThe Construction Act: Changes to RIBA, PPC200, IChemE and ICC contracts
As well as the NEC and ICC changes, other bodies have updated their contracts in light of the new Construction Act. Here are the main points to look out for
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CommentU is for unliquidated, V is for variation
In the latest of our jargon-busting series, Michael Conroy Harris explains unliquidated damages and variations, for when a project doesn’t go to plan (or contract)
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CommentImpartial arbitration: Tapping into the unconscious
Arbitrators and adjudicators promise to be impartial, but can they be unknowingly biased towards one side?
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CommentThe trouble with letters of intent and the law
Here’s a case where a ‘side letter’ was relied upon to clarify the key terms under negotiation. The problem is that such documents may not be deemed legally enforceable
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CommentAussie rules: The Construction Act in Australia and New Zealand
There has been lots of coverage of the new Construction Act for England and Wales but what about similar legislation in other jurisdictions? Here’s a guide to the antipodes
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CommentBreach of public procurement rules: Henry Brothers (Magherafelt) Ltd & Ors vs Department of Education for Northern Ireland
This case shows that framework agreements can be set aside as a remedy for breach of procurement rules
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CommentBIM: Too many cooks
How do you keep track of what everyone’s up to on a design and build contract? You could use BIM, but it’s a rather complex and costly solution to the problem
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CommentThe TCC's new home: Roll with the times
The Technology and Construction Court is an increasingly valuable resource and area of expertise. Its new home reflects this and helps it perform on the world stage
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Work related deaths: Swift justice
The third version of the Work Related Deaths Protocol came into effect on 1 October, and it could see firms responsible for a fatality on their site prosecuted a lot quicker
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CommentStop charging so much in adjudication
Adjudication is being treated as something it’s not - and spending all this time and money has become a joke
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CommentHackney Empires vs Aviva Insurance: What happened next?
Act I: Hackney Empire advances its contractor 750k. Act II: the contractor goes bust. Act III: Hackney tries to recover the money under its surety bond. Now, at last, the denouement …
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The Construction Act: Changes to NEC and ICC payment provisions
The new Construction Act has sparked all sorts of changes to payment provisions in contracts - and some could be troublesome. Here’s what to look out for
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CommentPFI projects: For fools rush in ...
With PFI undergoing a possible resurgence, contractors and consultants should apprise themselves of the risks involved before they sign up
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CommentThe new Construction Act: Get your act together
The new Construction Act is coming, and I’m afraid you’ll have to get used to it - flaws and all
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Right to renewable energy: Solar eclipse
There is no law guaranteeing a right to energy from renewable sources, meaning that users could have their work undone by a developer plonking a building in their sunlight
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CommentAgreeing costs in adjudication: This one's on me
The new section 108A in the Construction Act allows parties to agree their costs in adjudication - surely this is more worrying than the anti-Tolent amendment?
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CommentAdjudication: When the going gets rough
Adjudication is supposed to be a 28-day dash over the hurdles, but there are some cases where the justice is a bit too crude to be enforced
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CommentContracts in writing and SMEs
The rule that contracts have to be in writing is about to be scrapped, but SMEs in particular may mark its passing with regret