Legal Comment – Page 78
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CommentHow can you exit your Libyan contracts?
Guidance on ’force majeure’ and the proper steps to take if you need to exit contracts
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CommentO is for ownership, P is for performance
Zone out whenever someone uses legal jargon with you? Here’s a handy bluffer’s guide with a look at ownership and performance
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Network rail shake-up: light at the end of the tunnel
Roy McNulty’s interim report on how to get value for money from the railway sector suggests that train operating companies are set to be turned into quasi developers
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CommentMichael Gove: The bad boy in school
The education secretary got his knuckles rapped for bad-temperedly tearing up the BSF rule book. But it won’t stop him getting his way
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CommentBack to basics with professional indemnity claims
There may be any number of clever ways to reduce the risk of professional indemnity claims. But why not start with the simplest?
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CommentIf you want my advice …
A couple of part-time developers were relying on their QS’ advice. The trouble is, he didn’t advise them about a specification error that made the project turn a loss
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Common mistakes in… lump sum contracts
The latest in a series of dos and don’ts on major projects highlights the provisions in a lump sum contract that mean the price offered by the contractor is far from fixed
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CommentOnce upon a time
The law determining whether there should be an extension of time when both employer and contractor are to blame for a delay in construction, is in disarray
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CommentWhat the High Court victory means for BSF
Six local authorities won a partial victory against the government’s decision to scrap BSF. What happens next?
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CommentA guide to zero-tolerance in the workplace
Laing O’Rourke is not the only employer to take a tough stance on IT misuse, but how far can employers go and how can they ensure staff are treated fairly?
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House rules
Consultants are at a greater risk of being sued in the downturn, but if you follow these basic rules, you can mitigate a potential claim
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CommentRobinson vs PE Jones: Duty in tort
A quirk in the law of limitation means a claim for economic loss under a contract has a different time limit from the same claim brought in tort
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CommentJust cause and impediment
Your subcontractor just isn’t up to scratch, so you fire him and hire someone else – but in doing so you stand accused of repudiating the contract. So what are your options?
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CommentPromises, promises
Indemnities should oblige another party to take responsibility for your loss, but not if the wording gives them room to wriggle out of paying up
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CommentFace the music
Passing the liability parcel is a favourite party game, but a judgment in the TCC shows how important it is to get the contract right
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CommentHow to stay out of hell
If we treated design as a risk management issue, we’d probably save ourselves vast amounts of time and money sorting out the mess at the construction phase
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Love thy neighbour
The Scottish planning system encourages inclusivity and good relationships between developers and communities. Now, that approach will be backed up by law
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CommentHow losers win
It truly is a topsy turvy world when some companies manage to profit from failing to win a bid for a contract. But that’s European regulations for you …
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CommentCan we be of any assistance?
Like it or not, lawyers are tending to intrude into the adjudication process. Perhaps the industry should stop resisting and treat them as a guiding hand