Legal Comment – Page 83
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CommentPFI can’t take sting out of cuts
Public sector clients tempted to reintroduce cancelled projects as variations to existing PFIs may be breaking the rules
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Set-off on the right foot
The law governing situations where two parties owe each other money is murky. But a recent Court of Appeal case sheds some useful light
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City Inn vs Shepherd: Have you seen the contractor’s behind?
If a storm and a contractor both delay a project, is the contractor eligible for an extension? This ancient problem has just had another going over in the Scottish Court of Appeal
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Traditional Structures Limited v HW Construction: Rectifying a unilateral mistake
A subcontractor loses out by mistakenly omitting the cost of cladding in a tender. What does the judge decide?
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CommentHow to force clients to pay more quickly
A quarter of contractors wait over 60 days for payment from clients. Here are the legal routes to prompter payments
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CommentLLPs: You’re not bullet proof
Don’t be fooled by the apparent protection offered by a limited liability partnership - you could still find the family home is at risk if the LLP goes under
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CommentRelationship problems
If an adjudicator has a prior connection with one of the advocates arguing a case, does that constitute ’apparent bias’? Here’s what the court had to say …
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Asbestos: The struggle continues
Companies may think they’re already doing their bit to stay on top of asbestos risks but guidance from the HSE spells out the true seriousness of their responsibilities
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CommentDealing shares in your own firm? These are the rules
Not surprisingly there are some very strict rules for senior managers dealing shares in their own companies
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CommentCollateral damage: Liability under collateral warranties
Leaseholders or buyers of buildings should be able to pre-empt arguments from contractors to escape liability under collateral warranties
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CommentCan oral contracts be adjudicated?
The lack of good administration in the construction industry is well recognised
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CommentThe legal fall-out from scrapping BSF
Claims could soon start from companies left out of pocket by the government shredding of BSF
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CommentThe real deal
Settlement agreements promise greater certainty but should be handled with care
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CommentIssue the notice or pay the price
If a requirement to issue a notice on time or budget extension is not properly met, the contractor may end up out of pocket
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CommentBSF cuts: the legal implications
Whether a school is deemed ’stopped’, ’unaffected’ or ’subject to review’ they give rise to a host legal issues you need to know about…
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CommentThe z factor
What’s the point of using a standard contract if you’re going to add so many extra clauses that you’re essentially creating a bespoke form? Take Z clauses in NEC3 for example …
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CommentThe people vs BP
The oil spill in the Gulf of Mexico is said to have harmed the livelihoods of at least 37,000 Americans. Most will claim compensation. How on earth is that going to be possible?
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Data centres: What you need to know
Banks have to comply with tough regulations on data security. And that affects how they procure the buildings
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Halting a project: Breaking up is hard to do
With funding cuts looming over the industry, clients may want to stop projects at short notice. How can they protect themselves against subsequent damages claims?
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CommentThe Candys' court victory was a hollow one
Our legal blogger looks at the crux of the Chelsea Barracks case and why the supposed winner may not be celebrating its entitlement to compensation