Legal Comment – Page 95
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Comment
Lianakis AE v Alexandroupolis: Ability don't enter into it
The European Court of Justice has made it clear that public bodies cannot take account of a bidder’s capacity to do the job at the award stage
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CommentNovation: Wise precautions
If you’re a contractor and you’re asked to accept the novation of a consultant, make sure it really is going to be joining you – and be careful which form you use
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CommentCivil Engineering vs VGC Construction: Did you hear the one about…?
… the subcontractor who put in a claim for £300k with no supporting evidence? Well the parties ended up telling it to the judge, who supplied a rather surprising punch line
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CommentCJP Builders vs William Verry: Some verry fine distinctions
This case highlights the importance of adjudicators giving parties the chance to be heard. But in other cases they are right to disregard submissions
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CommentCEDR adjudicators: Fast relief for aches and pain
Here’s a new cure for those heated disputes: wait until adjudication comes to an end, don’t tell the parties who’s won what, then ask if they fancy a bit of mediation. Hey, it works
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CommentA matter of some interest: Ruttle vs secretary of state for the environment
It can be difficult to judge when interest on money owed starts to run. But firms will get short shrift from the courts if they claim without having issued an invoice first
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CommentBy personal appointment: Makers v Camden
When a company in a dispute suggested a particular adjudicator be appointed to its case, the other party was incensed. Here’s what happened …
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CommentSo you want to be a judge, eh?
Here’s the strange case of the bullock that burned down a house – and presented a judge with a prize conundrum. This is how he went about solving it
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Comment
Disputes in the desert
With construction wrangles in Dubai likely to increase, you’ll need to know how to go about resolving them …
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CommentDraft Construction Bill: I’m amphibious about it
The reform of the Construction Act will probably right some obvious wrongs, but why couldn’t it have been written in plain English? Take the payment rules for instance …
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CommentGalliford Try vs Mott MacDonald: A sense of loss
If a consultant causes a contractor economic damage, does it have to compensate the wrong party even if there is no contract between them?
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CommentLet’s ditch the training levy
The ConstructionSkills levy is making enemies and criminals out of contractors and not getting much training done either. There must be a better way …
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CommentRecord keeping: The art of self-defence
Conscientious record-keeping can give you invaluable ammunition should you want to blame others when things go wrong. Worth every dull moment
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CommentFramework contracts: The people vs Camden council
Government agencies are encouraging local authorities to adopt strategic procurement arrangements but the courts are taking a dim view of them
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CommentA slippery slope
A recent order by a judge for a party to reveal its insurance details has sparked concern that claimants will now be able to request this information all the time
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CommentVictorious losers
EU rules insist that public contracts be run in a fair and open way. So, if you miss out, and you think the client wasn’t fair, you can ask a court for damages. A lot of damages …
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CommentDomestic builds: Identifying the rogue element
Things often go awry with domestic projects, but they may not always be the fault of cowboy builders
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CommentOlympic hopeful
Never trust an Olympic Delivery Authority until you can see the white of its balance sheet. On the strength of this, Tony Bingham is quite encouraged, actually
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Comment
Sharpening the knives in Dubai
Despite the number and scale of construction projects in Dubai, disputes have been few and far between. But several recent changes could set the lawyers’ phones ringing
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CommentExpert determination: Oi, Brünnhilde, you’re on
Overturning a decision made by an expert in a dispute-deciding ‘expert determination’ is like trying to roll a fat lady up a hill while singing Siegfried – well, anyway, terribly hard