Legal Comment – Page 77
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CommentPrepared for the competition?
It’s possibly the most significant change in property law for decades – from this month, commercial property transactions become subject to competition law
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CommentSuspend reality
Make sure you’re clear on the terms of a contract before suspending for non-payment. If you get it wrong, you could end up being burned
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CommentHow the OFT went OTT
The penalties dished out by the OFT over cover pricing did more harm than the offence they sought to punish. Now the fines have been reduced by 90% and it’s time to move on
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About the size of it
Small firm Cotswold Geotechnical was fined 115% of its annual turnover under the Corporate Manslaughter Act. But will larger organisations suffer a similar fate?
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CommentA day in the life of a TCC judge
Mr Justice Akenhead: If you’re one of those who think the life of a judge is one of leisure punctuated by the odd judgment, think again. We don’t even have time to practise our golf strokes
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Professional indemnity insurance: don't skimp
Professional indemnity insurance isn’t required by law, so how important can it be? Very – and remember, cutting back in this area can end in tears if things go wrong
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CommentRetention cash: make me honest – but not yet
Almost everyone agrees that we should get rid of the practice of withholding retention cash. Even main contractors would be willing - if it wasn’t such a nice little earner
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CommentHow clients can protect themselves from contractors that underbid
A legal view on tightening up contract terms and using two-stage procurement to route out unrealistically low bids
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CommentQuantum issues
When defects emerge after work is complete the immediate concern is rectifying them. But how you do that will affect the quantum issues in court and how much you recover
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It wasn’t me
If you don’t know how to do something you call in a specialist, right? Well, if you’re a consultant on a construction project, beware. Here’s a few tips to keep in mind …
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CommentTwenty-eight day adjudication: the point and pitfalls
A little domestic case of an extended deadline outlines the point - and pitfalls - of 28-day adjudication
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Consultancy errors: It wasn't me
If you don’t know how to do something you call in a specialist, right? Well, if you’re a consultant on a construction project, beware. Here’s a few tips to keep in mind …
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CommentOFT reduced fines: A vindication for construction?
The Competition Appeal Tribunal described the fines as ’excessive’ but that doesn’t mean cover pricing is suddenly okay
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Building sports venues: It's only a game
Construction projects notoriously run over time, but when you are building a venue for an international sports event, time is of the essence. Here’s a few things to bear in mind
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Don't be 'wilfully blind' to finance issues
A recent example of a firm going bust shows the risks company directors take if they neglect their duty to creditors and are ’wilfully blind’ to problems their business may face
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CommentProcedure costs: Please translate
If a judge wants a specific document prior to trial that one party has never heard of, you’d expect someone to ask for clarification. Not in this, unnecessarily expensive, case
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CommentWhere's the justice?
Access to the courts is available to all, in theory. But if potential litigants are forced to mediate first, the costs become prohibitive, undermining our entire justice system
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CommentUncontrollable forces
In times of crisis, such as the recent upheaval in the Middle East, force majeure clauses in contracts come into play. So when and how do they work?
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Designing out risk
This is the first high-profile prosecution of an architect under the CDM regulations for a site death, and it shows how the onus is on designers to reduce health and safety risks
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CommentWhy TUPE ruling is bad news for purchasers of pre-pack administrations
Ruling could prove costly for buyers of companies in administration as they will now inherit employee contracts