Legal Comment – Page 80
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CommentA little local difficulty
Tony Bingham When the communities secretary decided he couldn’t wait for the Localism Act to abolish regional spatial strategies, he didn’t count on Cala Homes
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CommentChinks in the NEC armour
The NEC contract has been notable by its absence in disputes that end up in court. But recently there have been several judgments that point up some weaknesses
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CommentOutstanding novation
Rachel Barnes If no formal novation agreement exists between a contractor and a consultant but they act as if there was, a court may accept that the intention was to create an appointment
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Fancy a dip in the hot-tub?
Hot-tubbing, or concurrent evidence, is a tool that allows experts to tell the court how it is without being cross-examined. Charles Blamire-Brown looks at the pros and cons
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How to claim interest
There is no common-law right to interest when someone is late paying you, so providing for it in the contract is best. Even without that, you’ve still got a fighting chance
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Dismissing contractors
An employer who finds a defect during construction may be tempted to dismiss the contractor. But the contractor can fire back that the work shouldn’t be judged until it’s finished
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CommentProving economic duress
Some construction clients are trying to force their suppliers to drop prices. But the courts will come down hard on those who rely on illegitimate threats and financial leverage
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CommentNo complaints: Holystone vs Volker Stevin
Here’s a court case of an adjudication that went to enforcement, in which all four arguments a party used in its defence were defeated …
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CommentLet’s rebuild our legal system
The fundamental truth about contract law is that those who use it don’t understand it, and so it endangers their survival. Shouldn’t the government rethink the whole thing?
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CommentDifficult jurisdictions: Libya
In the first of a series on difficult jurisdictions, Chris Hill turns the focus on Libya where the opportunities are on a par with its challenges
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Future of education looks prefab
Local authorities were due to find out this week how much they will have available to spend on schools. Labour’s £55bn Building Schools for the Future (BSF) programme has been abolished and the coalition has pledged to spend £15.8bn improving the school estate.
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CommentWhat’s wrong with tradition?
Let’s not write off conventional contracting just yet, as some would have us do. Used in the right place at the right time, it is just as robust as any other procurement method
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CommentFour little letters that say ‘pay up’
Here’s another contract-not-in-writing-so-you-can’t-go-to-adjudication-but-do-anyway-so-everyone-ends-up-in-the-High-Court case. With a twist …
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Common mistakes in ... multiparty disputes
In the third in a series on dos and don’ts on major projects, Ben Mullard offers his tips on how to better your chances of victory in multiparty disputes
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CommentCala Homes vs Eric Pickles: Who will be the ultimate winner?
The court may have ruled that scrapping regional housing targets was illegal, but that won’t change the government’s localism agenda
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CommentWill I win?: Early neutral evaluation
If only there were some way of finding out if you were going to win your case before you spent £200,000 on it. Well, actually, there is something rather like that …
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Heartless: The case of a builder sued for having a heart attack
A builder suffered a heart attack during a job and could not finish the work. When his client sued him, the case turned on the rarely seen defence of frustration
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Collaborative law: A new use for lawyers
US family lawyers have devised a dispute resolution method - collaborative law - that rethinks the roles played by clients’ legal advisers. Now it’s being used in commercial disputes
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CommentStandardised prequalification form: Save while you slave
The coalition has a bright idea to save you billions of pounds on procurement. It’s a form called PAS91 and it’ll only take a couple of weeks to fill in…
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CommentPre-action disclosure: Show trial
Arbitration has often been criticised for its lack of early disclosure. But in fact arbitrators are obliged to avoid expense, and this is one good way to do it