Legal Comment – Page 84
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CommentDuty of care: Who cares?
A recent case has tried to clarify when a duty of care arises. But it remains an area blighted by arbitrariness and uncertainty
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CommentPage turners: Society of Construction Law essay prize
The winners of this prestigious prize have some clever things to say about delays and quantum meruit disputes. Their papers are all must-reads
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Buying a business: Gods of small things
If you’re planning to buy a business in our fragile economy, you need to know what you’re getting. So use lawyers who will scrutinise every little contract
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CommentTaxing times for construction
While increased VAT is a blow, other tax measures will benefit the industry
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CommentWell-defended settlements
Showing that settlement costs are unreasonable is a difficult task, as the installer of a defective sprinkler found when Siemens chased it for payment
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CommentJudges in their own cause
Architects are always unbiased and even-handed when awarding extensions of time under usual forms of contract. Except, of course, when the reason is their own negligence
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CommentJust looking
Beware if you shop around for an expert, as the court may demand that you reveal the reports that you rejected
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CommentHow to avoid World Cup sickies
If you want to avoid a sudden rise in sick leave among staff over the next month you need to take some practical steps now…
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CommentSimple game, tricky rules
Here’s a conundrum for you: What happens if part of a contract is within an adjudicator’s jurisdiction and part is outside? And if a decision is made on all of it, is it enforceable?
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Defective work: Making amends
If you’re an employer cheesed off with a contractor’s work, it’s tempting to get someone else in to sort it out, then claim for the costs. Here’s why you should count to 10
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Contracts in writing
Until now, a contract has had to be in writing for a dispute to be referred for adjudication…
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CommentAlternative medicine
How do I … avoid going to court? Litigation can leave you with a headache, not to mention a large hole in your wallet. But disputes do not have to end up in the courts, says Paul Flook
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CommentAn idiot’s guide to stupid questions
An implied term in a contract used to be defined as something that only a fool would ask about. Well, thanks to Lord Hoffman, it’s not quite that simple anymore
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CommentThe foundations of a good decision
From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson
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Face the facts
Part eight of the civil procedure rules is a useful tool for getting the court to make a declaration in your favour - but not if there is a dispute over what actually happened
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CommentThe salami olympics: how to spot a fraudster
The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here’s how to spot them
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CommentThe big law society
Ann Minogue The more disputes are settled in adjudication, the more likely it is that areas outside our industry will have a bearing on how construction law develops
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CommentCourt isn’t all it’s cracked up to be
The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes – so why not adopt adjudication?
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Hamish Lal: Bare realities
Hamish Lal The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today – including that the money will run out
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Expert determination: A short cut through a swamp
Plumping for expert determination to resolve a dispute may sound like a quick, cheap, hassle-free alternative to adjudication or litigation. But it ain’t necessarily so