Legal Comment – Page 85
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Comment
All things considered
Adjudicators have it drummed into them that they should decide the dispute in the notice of adjudication. Here’s a case that shows there is some room for flexibility
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Judges unleashed
Simon Tolson Unlike the restrained and remote judges of the past, many now snap at the ankles of the advocates to ensure cases proceed in the way they should
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CommentThis one’s on you
Tony Bingham Tolent clauses, which make the party that refers an adjudication pay all the legal costs, are to be outlawed by the Construction Act … but a judge has just got there first
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Running out of common sense
Shy Jackson One area where the judges are struggling to make up their minds is the ‘without prejudice’ rule. Here’s a rundown of the arguments, and the spats, among our learned friends
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CommentYour next assignment
James Duckworth and Charles Jakeman Transferring construction agreement benefits between parties requires care and attention, especially when dealing with the ‘no loss’ defence
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CommentIn praise of doing less: adjudication scheme
The scheme for adjudication is being redrafted to fit the new (deep breath) Local Democracy, Economic Development and Construction Act. If only they would write it on just one page
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Comment
The reckoning
Fiona Gill and Mark Roach So what did the Labour party do for (or to) construction during the past 13 years? And what will happen if the Conservatives take over?
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CommentA pain in the NEC
Disputes on NEC projects are on the rise, so if you don’t want to find yourself in a bind, here are some points to be aware of when using this contract
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Comment
Nuclear contracts: Ending in tiers
The second of our three-part series on the nuclear decommissioning sector looks at the target-cost clauses of tier two contracts – their benefits and pitfalls
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CommentAbout this turbine you sold me
An NEC form for the supply of high-value items has arrived on the scene to compete with the handful of contracts that already provide this facility. What’s the verdict?
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CommentWhat do you mean, ‘as far as possible’?
The Supreme Court has been looking at how to interpret words. It favours looking at commercial intention rather than literal meaning – but are intentions any easier to fathom?
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CommentBribery Bill: Greasing the wheels of commerce
Bribery is endemic in many parts of the world where British firms do business, but any that succumb to it will soon face fairly horrific penalties
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CommentCollatoral contracts: The unkindness of strangers
Collateral contracts are supposed to protect those not party to a contractual set-up. They work, but they also introduce flint-hearted button counters into the equation
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CommentMatch of the day: Mott MacDonald vs Multiplex
Mott MacDonald vs Multiplex is a game of two halves – first there’s the disputing, then there’s coughing up the legal costs. Alas, these are so high, neither wants to call it a draw
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Feeling the squeeze
Be careful how you go about recovering money that is owed you – you might fall foul of the Protection from Harassment Act and end up paying them
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CommentScheming minds
The government has released a consultation on the Scheme for Construction Contracts that proposes big changes in the industry’s rules. Here’s what I think of them …
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CommentOff half-cock
You’d think that getting the contract right before beginning work was just common sense. Especially since, if you don’t, the only people likely to win are the lawyers …
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Going nuclear: contracts for decommissioning work
Everything you wanted to know about the nuclear decommissioning sector but were afraid to ask – explained to you in a three-part series starting with this overview
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CommentMJ coulson’s model answer
Judging construction disputes can be like sitting exams, but at least we can all learn from the results – as in this case where a builder flunked everything
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Comment
Commitment issues
Helen Garthwaite and Brad Fearn The carbon trading scheme was launched last week, and you need to know what the new rules could mean for you – including who will pay for it all