Legal Comment – Page 75
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CommentBIM: Too many cooks
How do you keep track of what everyone’s up to on a design and build contract? You could use BIM, but it’s a rather complex and costly solution to the problem
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CommentThe TCC's new home: Roll with the times
The Technology and Construction Court is an increasingly valuable resource and area of expertise. Its new home reflects this and helps it perform on the world stage
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Work related deaths: Swift justice
The third version of the Work Related Deaths Protocol came into effect on 1 October, and it could see firms responsible for a fatality on their site prosecuted a lot quicker
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CommentStop charging so much in adjudication
Adjudication is being treated as something it’s not - and spending all this time and money has become a joke
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CommentHackney Empires vs Aviva Insurance: What happened next?
Act I: Hackney Empire advances its contractor 750k. Act II: the contractor goes bust. Act III: Hackney tries to recover the money under its surety bond. Now, at last, the denouement …
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The Construction Act: Changes to NEC and ICC payment provisions
The new Construction Act has sparked all sorts of changes to payment provisions in contracts - and some could be troublesome. Here’s what to look out for
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CommentPFI projects: For fools rush in ...
With PFI undergoing a possible resurgence, contractors and consultants should apprise themselves of the risks involved before they sign up
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CommentThe new Construction Act: Get your act together
The new Construction Act is coming, and I’m afraid you’ll have to get used to it - flaws and all
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Right to renewable energy: Solar eclipse
There is no law guaranteeing a right to energy from renewable sources, meaning that users could have their work undone by a developer plonking a building in their sunlight
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CommentAgreeing costs in adjudication: This one's on me
The new section 108A in the Construction Act allows parties to agree their costs in adjudication - surely this is more worrying than the anti-Tolent amendment?
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CommentAdjudication: When the going gets rough
Adjudication is supposed to be a 28-day dash over the hurdles, but there are some cases where the justice is a bit too crude to be enforced
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CommentContracts in writing and SMEs
The rule that contracts have to be in writing is about to be scrapped, but SMEs in particular may mark its passing with regret
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CommentPart 36 offers: It's all in the timing
Part 36 offers are made by a party as a way of settling a dispute. But if you’re planning to use one, be aware that they are not time-limited and apply until they are withdrawn
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CommentEstimates and quotation: Rough justice
Is a judge qualified to price up a building job? Don’t quote me on this, but he might have a pretty good go
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Changes to legislation for sewers and drains
New legislation will transfer responsibility for most private sewers and drains to water companies. Here’s how the latest developments will affect contractors and developers
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CommentThe retrofit market part 1: A stalled market
In the first of two articles looking at the retrofit market in the UK, Chris Hill explores the reasons why the market is stalling and points out some examples to follow
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CommentA quick guide to collateral warranties and third party rights on construction projects
Tips on what collateral warranties and third party rights mean in practice
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CommentShifting standards: new JCT contracts
New standard form JCT contracts are on their way, in line with the government’s construction strategy. But don’t worry, help is at hand to understand the changes
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CommentThe Riot Act: it takes a village
Last month’s riots implicated every one of us - especially those at the top. It also brought to mind an old community-minded rule of law
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Reading the Riot Act
If your project suffered a loss as a result of the riots this August you may be able to claim compensation under a JCT contract or even from the police through a 125-year-old statute