Legal Comment – Page 95
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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?
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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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Comment
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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Comment
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 ...