Legal Comment – Page 93
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CommentGet a truck load of this: Collaborative working
A lot of folk are fed up with talk of collaborative working. And no wonder. Too often it’s just another name for risk dumping
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Not just the economy, stupid: New legislation
Last week’s Queen’s speech was a tad light on legislation – no bad thing given what else there is to think about. But here are some of the things coming up for us in 2009
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CommentWho is he? And what is he to you: Adjudicator loyalties
Here’s a puzzle for you: if A and B hire X to decide a dispute, and A and X have a previous relationship, can B tell A to get lost if X decides in favour of A? (Answer below)
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CommentThe judge with a flea in his ear: When costs outweigh damages
Here’s another case in which the costs by far outweighed the damages, only this time it was a county court judge who took the flak for letting it happen
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CommentHell hath no fury: public sector frameworks
Scorned bidders are increasingly refusing to take rejection lying down, which means wrongly tendered public frameworks may be set aside
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CommentIt’s a lads thing: liquidated and ascertained damages
Even when liquidated and ascertained damages are totally fair, they may seem like a contractor’s worst enemy – here’s an example why …
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CommentYou’ve made one tiny mistake: Absolute obligations
Even if a brief seems straightforward, beware of taking it on as an absolute obligation. After all, you never know what might happen
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CommentAll over bar the shooting: Frameworks
What better way to work, you say, than a lovely, co-operative framework deal? Fine. Just don’t expect it to be bloodless, painless, dispute-less or litigation-free
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Family ties
The CaseIn an earlier decision of Mr Justice Akenhead enforcing an adjudicator's decision, Mr Dawes was ordered to pay a total judgment debt of £1,239,310.12. This was paid into Treasure's bank account, and had in fact come from the account of Hayley Dawes, the daughter of Martin Dawes. The parties ...
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CommentBite the bullet or fire it?: Terminating a contract
The only thing an employer can be certain of when it gets rid of a contractor is that it will be in for endless headaches and hassle. Here’s why…
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CommentShall I stay or shall I go?: Bad payment
A case of bad paying has to be very severe for you to justify packing your bags. Have faith – here’s an example of a client having to remedy its wrongdoings
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Worse than triffids: Japanese knotweed
Clauses relating to Japanese knotweed still feature in construction contracts despite the arrival of killer bugs
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CommentRomania: land of opportunity
Europe’s fastest growing economy is an excellent place to seek refuge from Britain’s wintery economy. So, here’s a quick guide to the legal landscape
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CommentGetting paid: If the mountain won't come...
Here’s a clever way of getting your claim paid: go straight to those who owe the payer money. Unfortunately, it can be a little tricky to navigate
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Contractors' insolvency: Clean break
If your contractor becomes insolvent, you may need to terminate its engagement and finish the job some other way. But how do you make sure it doesn’t get messy?
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CommentUAE legal series: A few peculiarities
A contract is a contract pretty much wherever you are, but in Dubai there are one or two little points to bear in mind before you sign one, says Elise Gillians
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CommentDangerous defects
The CaseBirmingham Development Company (“Birmingham”) was a property developer. Birmingham developed a site next to land owned by Michael Jacob Tyler (“Tyler”). Tyler had a factory on his land. During the development demolition of the gable wall of the building on Birmingham's site exposed part of the flank wall of ...
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Arbitration after commencement of court proceedings
The CaseOn 21 December 2006 the claimant, Delta Reclamation (“Delta”), and the defendant, Premier Waste Management (“Premier”), signed an agreement which regulated the storage and processing of used tyre derivative aggregate replacement (UTDAR) at a quarry near Coxhoe.The agreement contained an arbitration clause submitting “all disputes arising out of the ...
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CommentThe reluctant litigant: name borrowing
Getting someone else to fight your PFI dispute battles for you can be uncomfortable for both parties – name-borrowing may be a better solution all round
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CommentThere once was an ugly duckling
If your adjudication claim’s feathers are all tattered and torn, it ought to fail. But what if your kindly adjudicator decides that it might turn into a swan later on?