Legal Comment – Page 76
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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?
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PFIs: Do your paperwork
A PFI acceptance certificate is a crucial document but you need to know how it differs from an acceptance certificate issued on a traditional construction project
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CommentWorking 9 to 5: The Agency Workers Regulations 2010
The Agency Workers Regulations 2010 come into effect in October this year, improving working conditions for temporary workers. So what does this mean for you?
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CommentNovation: Let's innovate
A client novates its design team in order to offload risk to the contractor, but in doing so it also loses access to consultants who can offer vital advice. So what’s the alternative?
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CommentThe new Construction Act: The daft draft
A lot of people say a clause in the new Construction Act approves the pre-dispute allocation of legal costs - the opposite of what was intended. Let’s get it sorted
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Unhealthy competition: Commercial property agreements and the Competition Act
New restrictions for the property market came into play last month meaning that housebuilders, developers and even owners will have to watch out
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CommentTeCSA rules! OK?
With a new Construction Act on the way, adjudicators are going to have to up their game. Luckily, one nominating body has updated its rules in anticipation
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The Defective Premises Act: What hole?
Hole? What hole? Ben Worthington, who acted for the project manager on Jenson vs Faux, discussed by Tony Bingham, says the Defective Premises Act has been properly restricted to new dwellings
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CommentThe Defective Premises Act: The hole truth
The lovely new home you just bought is covered by the Defective Premises Act if it’s a new dwelling. But if it’s a massive refurb job, you might find yourself in need of a spade
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CommentDamn the expense
The relationship between housebuilders and the NHBC generally works well. But sometimes the home warranty provider can be a bit gung-ho - and go way over the top on costs
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Up, up and away
In tough times, adjudication is increasingly seen as too costly. An escalation dispute procedure offers a quick, cheap alternative that preserves the business relationship
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Going for broke
Adjudication can help companies’ cashflow, but what happens in cases of insolvency when there is no cash to flow?
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No more privileges
The Supreme Court has stripped expert witnesses of their immunity from prosecution. But could the fear of being sued make them less likely to admit their mistakes?
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CommentIf the cap fits
A couple who tried to cap the costs in an oral ’cost plus’ contract have received short shrift from the Court of Appeal. Here’s why …
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Hold it right there
A recent case shows that fraud is not the only ground upon which a call on an on-demand performance bond can be restrained by an injunction
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CommentContract advice: clauses that risk unravelling your claim
Certain combinations of clauses may have profound consequences for the unsuspecting contractor or subcontractor if the terms are not strictly complied with
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CommentSmall domestic disputes often get out of hand
A small domestic building dispute begins with a niggle and ends up like the gunfight at the OK Corral – but costing thousands of pounds. The pity is, it’s all so unnecessary
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CommentBuilding contracts: Setting the standard
The Joint Contracts Tribunal has provided building contracts for 80 years. Today, the challenge is to respond to a changing industry – but keep costs low
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CommentDemolition: Hold off on that wrecking ball
A heritage group has won a major legal battle regarding controls over demolition. It means nearly all demolition now needs planning permission
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CommentDos and Don'ts: Interface issues
In the latest in our series on dos and don’ts, we look at interface issues - what they are and how to manage them when they arise