Legal Comment – Page 99
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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?
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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.
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CommentLiability: Strictly speaking
Do you know the difference between strict and absolute duties and no-fault liability? If not, then read on before you commit yourself to undertaking either
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CommentThings to take into account
Project bank accounts are in the spotlight again. If you use one yourself, make sure you’re aware of all the pros and cons, particularly with regard to insolvency
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CommentThat bubble, reputation
What happened at BAE should have us all thinking about not just the legality of what we do but the morality. Our good names can so easily be damaged, even lost
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Comment
The villains of the piece
Rudi Klein So should the 112 firms accused by the OFT be hung, drawn and quartered? Or were there some mitigating circumstances …
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CommentDon’t get your knickers in a twist
In its enthusiasm to paint our industry as a bunch of dodgy operators, the Office of Fair Trading has got the whole cover pricing and bid rigging business mixed up
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CommentExclusion clauses: A chink of light
Are exclusion clauses enforceable? Hitherto, the courts have shed little light on the matter, but a recent Court of Appeal decision makes things much clearer
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CommentAre you listening?
Put four fabulous speakers in a room and get some of the country’s top adjudicators to sit down in front of them. The result is a fascinating conference we can all learn from
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CommentNEC: Smooth operator
The Olympic Delivery Authority has chosen the NEC contract in the hope that it will keep the job moving efficiently. But it will only work if it’s well enough resourced
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CommentConfidentiality in mediation: Do the decent thing
It really can’t be stressed enough that what goes on between consenting parties in a mediation is nobody’s business but theirs. If you don’t believe that, consider the following case
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CommentA sackload of trouble
Can a party to an adjudication introduce evidence that wasn’t previously disclosed if it fundamentally alters the original claim? The answer used to be no, but a recent judgment may have reversed this
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CommentSplendid isolation
Mediation is an excellent alternative to court proceedings, but these days the two forms of dispute resolution are getting mixed up. Mediation should be left to its own devices
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CommentThe land of make-believe
The building industry should sit up and take notice of the McCartney/Mills divorce settlement: there are some valuable lessons to be learned, particularly when it comes to putting your side of the story to the court
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CommentAldi vs WSP Group: Piercing the cover field
Many people automatically assume that the insurer will pay out simply because the premium has been paid when a claim is made. But there are certain grounds on which the insurer can refuse to pay
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CommentDough well spent
If writing a bad review of a pizza restaurant can land you in court, just think what writing a review of a book by a leading construction judge does to the old ticker. Luckily, it’s a fabulous book – no, really
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CommentIntroducing McPFI
A new form of PPP model is being tried out in Scotland that will affect the way projects are refinanced and how profits are distributed
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CommentCollateral warranties: Lost and found
The use of the word ‘costs’ instead of ‘losses’ in collateral warranties can cause much confusion as to what exactly is being referred to and who is liable for what
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CommentCantillon vs Urvasco: Adjudication á la carte
The case of Cantillon vs Urvasco suggests that the parties, the adjudicator and the enforcing court have a great deal of latitude when it comes to presenting arguments and judging them
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CommentSupercasinos: Manchester’s legal gamble
Manchester council says it may sue over the decision to axe the supercasino. But will it succeed? And what are the wider questions for construction?