Legal Comment – Page 92
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CommentSurprise! : New information in adjudication
The box of matters for adjudication that arrives at your door may contain some nasty shocks – such as a cartload of new information. The question is, as ever, is this fair?
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Don't keep it to yourself: Notifying insurers
Insurance policies provide a secure safety net, but that can disappear pretty quickly if you keep the insurers in the dark when things go wrong
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CommentThen there's the fungal mould...: JCT consultancy agreement
The JCT has just released a consultancy agreement for larger projects. Here’s what you should be aware of before you go ahead and sign it
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CommentClear laws without fuzz: Health and safety in the UAE
UAE confidential: Abu Dhabi’s response to on-site health and safety lapses has been to call in the cops. Thomas Van de Wijngaart and Emma Shepherd welcome early signs of change
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Comment10 ways to avoid dispute in the Middle East
The Middle East has traditionally seen few disputes. In boom times contractors have always had alternative ways to recover their losses. But the credit crunch appears to have changed that, and now more disputes are erupting. So, how can disputes be avoided in the present market?Assess the impact of local ...
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CommentThe price of darkness: Rights of light
The right of light has become a hot topic in the courts, so developers who want to avoid making costly mistakes should read this illuminating article...
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CommentPure and simple: Construction Act changes
The proposed changes to the Construction Act payment rules are all very clever, but they won’t wash in the down-to-earth world of construction. We want something simpler
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O ye who believe... : Sharia and mediation
This second of two articles on dispute resolution under Islamic law looks at arbitration – a system that has found wide acceptance in the Islamic world
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On the safe side: Corporate manslaughter and health and safety offences
Fears about the vagueness and leniency of health and safety and corporate manslaughter laws have been assuaged by two new pieces of legislation
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CommentDo we still need Minter?: Late payments act
The Late Payments Act compensates companies for the costs they incur while waiting for their money, so we may be able to say goodbye to an old bit of case law
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CommentNow you’re asking for it: Performance bonds
Feeling the pinch and tempted to sign up to the harsh conditions of a performance bond? Read this first
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CommentGet ready to go wrong: Preparation
The tale of the passenger who ran away from a car wreck has much to teach the construction industry about preparing for its own little mishaps
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CommentSomething to shout about: Deafness claims
Money matters Construction is a noisy business, and employers increasingly face claims from workers whose hearing has been impaired. But now, says Jim Byard, that may be about to change
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CommentCan’t pay? Will pay: How well does the system work
If someone owes you money, you can go to adjudication to get them to pay. And if they ignore that you can go to court. But how well does the system actually work?
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CommentThe year of the lawyer: Predictions
Next year, workloads will shrink and firms will be more aggressive, so 2009 is likely to be a boom time for one group of professionals at least …
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CommentThe bold and the bankers: Review of 2008
The year gone was notable for the rewarding of bravery, financial fraud and the death of an old friend
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CommentA grave omission: Adjudicators decisions
The Construction Act needs to make clear that when an adjudicator tells a party to pay out, that decision should be enforced even if counterclaims are made
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CommentTricks with contracts: PFI and the Construction Act
A draft bill to outlaw ‘pay when certified’ clauses leaves PFI lawyers wondering how to secure reasonable cash flow for clients. Here are some ideas
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CommentWith the pope’s blessing: Awarding interest
Usury may be a sin, but that doesn’t mean it’s against the law. But then, working out just what the law does say about charging interest can be a bit of a poser …
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CommentIt’s just too sad to be single: Single-stage tendering
Why would any client want to revert to the old method of single-stage tendering when life with two-stage tendering is so much clearer, simpler and cheaper?