Legal Comment – Page 98
-
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
-
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 …
-
CommentDomestic builds: Identifying the rogue element
Things often go awry with domestic projects, but they may not always be the fault of cowboy builders
-
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
-
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
-
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
-
CommentMisery: Crest Nicholson vs Mr & Mrs Western
So you buy a new house, find some flaws, get nowhere with the builder and go to arbitration. At which point your troubles really begin …
-
CommentPFI: Opportunity still knocks
Although PFI disaster stories receive a fair bit of publicity, they haven’t dissuaded contractors from signing up
-
CommentChina special: dispute resolution
The Chinese legal system is improving rapidly, but foreign parties still need to approach its dispute resolution procedures with caution
-
Comment
China: the tendering process
China’s fledgling tendering process has overcome many of its teething problems, but is still unsuited to large complicated projects. Here’s how it works
-
CommentThe accidental criminal
New trading regulations that target misleading marketing are there to catch the rogues. But their remit is so broad you could inadvertently commit an offence, too
-
CommentLiving in sin: Haden Young vs Laing O'Rourke Midlands
The dangers of contractor and subcontractor co-habiting out of wedlock were highlighted when Hayden Young went to work for Laing O’Rourke on Coventry City’s Ricoh arena
-
CommentCome again: Energy Performance of Buildings Directive
The EU Energy Performance of Buildings Directive hasn’t had much of an impact so far. So now the EU is rushing out a more ambitious successor …
-
CommentLook who’s footing the bill
Using outsiders to bankroll disputes has been treated with some suspicion by the courts. But the construction industry would be well advised to explore it
-
CommentYoghurt in a pea soup
Guess what? We’ve got another case in which the parties started work on the basis of a letter of intent. The slight difference in this case is that it concerns Müller twin pots
-
CommentIdentity crises
Although name borrowing may seem like a simple concept, it can lead to conflicting issues for all parties involved
-
CommentRICS consultancy form: On surprisingly good form
The new crop of RICS standard contract are about to make quantity surveyors’ lives a lot easier
-
CommentI is for indemnity
The A-Z of construction law - Our instant course in legal concepts continues by asking what exactly is an indemnity and how would you spot one in a contract?
-
CommentConcurrent delays: Doing the splits
The City Inn case throws up a logical approach to granting extensions of time due to concurrent delays – if the delay has two causes, then why not apportion responsibility accordingly?
-
CommentMe and my pod
The podcast was fun. First of its kind here at Building. Rudi Klein and yours truly were interviewed by Building’s ace interviewer, Chloë McCulloch, about the government’s changes to payment rules.