Legal Comment – Page 88
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CommentWestfield fit-out dispute: An everyday story of building folk
This shopfitting dispute sounds hair-raising, but it is really nothing out of the ordinary. That’s because people who work in construction are like everyone else: they mess up
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CommentJCT for major projects: I Love you just the way you are
The clear, efficient and comprehensive JCT Major Project Construction Contract is about as good a form as you’ll find. But don’t go trying to change it …
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CommentRepugnant behaviour
A recent case has shown that the more serious a breach of contract, the less likely it is that a court will accept an exclusion of liability clause
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CommentBook review: Last-minute booking
Forget chick lit – the best summer reads address building procurement and the JCT contract. And, gratifyingly, the authors come up with exactly the right conclusions
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Comment‘Valid’ doesn’t mean ‘true’: withholding payment
A party that doesn’t want to pay another needs to issue a withholding notice with a reason why it’s not paying – but does this reason need to be reasonable?
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CommentHow to pick a winner: adjudication
Believe it or not, it can be tricky to decide whether you’ve won or lost a legal case. How come? Well here’s an illustration from the world of horse breeding
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Trouble in the transfer market: TUPE regulations and frameworks
Under TUPE regulations, staff are transferred from contractor to contractor depending on who is doing the work. But how does that function with frameworks?
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CommentWhy is the OFT so unfair?: Coverpricing vs bid-rigging
Question: When is bid-rigging not bid-rigging? Answer: When it’s cover pricing. And it’s about time that our competition watchdog understood the difference
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CommentLook and learn: Vision vs Lancsville
Even though adjudication is well established, there are still some lessons that can be learned without trying too hard – as Vision Homes vs Lancsville makes clear
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CommentGreen paper: Eco-ratings in contracts
Clients and buyers have come to expect a high sustainability rating for their property, but where does that leave the contractor?
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CommentTurning of the tide: Super litigation
Litigation is too often the meandering paddle steamer to adjudication’s inaccurate exocet. But a recent case shows courts can sometimes be both speedy and right
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CommentHow to land in the deep end: Trade associations
Of course trade associations want to boast about their members. But in doing so, they can come perilously close to taking the rap if those members do a dud job
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Should you fess up?: Corruption
The Serious Fraud Office’s efforts to encourage self-reporting of corruption has created quite a dilemma for the construction sector
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CommentAll for one: The OGC's contract decision
Tony Bingham claims the Office of Government Commerce was wrong to endorse the NEC3 contract over others, but in reality this is just the standardisation he was seeking
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Electro-shock blues
What happens if an electricity company refuses to lay cables on a developer’s neighbour’s land without its consent? A lot of strife for the developer, that’s what
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CommentOn getting a thick ear: Trinity Walk, Wakefield
This is a story about a busted developer and a contract that contained a pay-when-paid clause. The lessons that emerge from it are harsh, but it’s a good idea to learn them
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CommentBe careful what you wish for: Supplemental agreements
The dire economy is prompting many parties to alter their contracts with supplemental agreements. But if you’re not careful, they may be worse than nothing
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CommentWealth and safety: Risk shifting on Terminal 5
Steven Morgan, the former admiral who runs BAA’s procurement, wants to shift all risk to his contractors and consultants. That’s fine and good, but there are costs …
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Secrets and lies: Aukett Fitzroy Robinson's fraudulent misrepresentation
A court has found architect Aukett Fitzroy Robinson guilty of fraudulent misrepresentation for failing to inform its client that a team member had quit
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CommentPrivates on parade: Mediation
You probably like to think that mediation is a private dispute resolution method where everything is kept secret. But it seems the courts can order you to reveal all