Legal Comment – Page 75
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CommentBecause I’m worth it
Contractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
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Difficult jurisdictions: Russia
Today the Bribery Act comes into force, creating a new risk of being prosecuted for offences committed abroad. With this in mind, Chris Hill focuses on the challenges of operating in Russia
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CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
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CommentArbitration: See you all in court
It’s a fact of construction that spats often occur between more than two parties on a project - and arbitration isn’t the best way of dealing with complex multi-party disputes
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Implied terms and the Privy Council
Terms and conditions are stated in a contract, right? So what about all those implied terms that don’t make it into writing? The Privy Council has a view on this …
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CommentThe liquidated damages clause: Red card
A 200-year-old law says you can’t penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness
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CommentBIM disputes are inevitable
The recent US case didn’t go to court, but eventually we will see legal spats over BIM in the UK - so how will we go about resolving them?
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Safety obligations: Common law liability
In a case concerning hearing loss among employees, the Supreme Court has come down in favour of a common law approach to safety, rather than stricter statutory law
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CommentNEC contracts: Love and understanding
NEC contracts call for mutual trust and co-operation, but what does this actually mean and how does it work in the sometimes cut-throat world of business?
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How will academies procurement work?
As school academies move away from central control they will have to procure goods and services that were previously the responsibility of the local authority
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CommentArbitration is best for neighbourly disputes
Neighbours. Love ’em or hate ’em, surely it makes sense to take a dispute to arbitration rather than spend thousands thrashing it out in the courts?
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CommentScottish arbitration: Join the rebellion
There’s a movement afoot in Scottish arbitration, and the mood is spreading south of the border. The demands are simple: total arbitration revolution
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Client feedback: Let me explain (at length)
Client feedback helps people grow as professionals and is a mandatory part of the tendering process on public sector contracts. But how much is enough?
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CommentGet your excess clauses out
Though the customer may not always be right, it can too often be blamed for waste. In fact, it’s frequently a contractor’s excess clauses that cost the client cash
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CommentCivil Litigation Costs: Sousa vs London borough of Waltham Forest council
Until legislation is passed to alter the situation, local authorities can be stung by 100% success fees when claims are made against them
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CommentThe last judgment
Today’s lesson comes from the book of Ecclesiastical and wrestles with questions of choice, free will, causation - and whether it’s OK to tell the odd porkie
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Common mistakes in…choosing a mediator
The latest in our dos and don’ts series looks at how best to choose a mediator
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CommentAdjudication: The good book
We’ve had 475 judgments since adjudication first came in and it’s a very different beast today. So the second edition of Peter Coulson’s tome on the subject is a must-read
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CommentQ is for quantum, R is for repudiation
Don’t like the terms of a contract? Michael Conroy Harris continues our jargon-busting series and explains how you can repudiate it or make a quantum claim
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CommentWhat’s the returns policy?
If you refer a case for adjudication but don’t like the look of the appointed adjudicator, can you send him packing and ask for another one?