Legal views – Page 23
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CommentGet it in writing before work starts
Failing to execute a formal contract risks severe exposure in the face of a defects claim, warns Christopher Filor
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CommentIs the ICC target cost contract ready to compete with NEC?
Ian Yule explains the recently released ICC target cost contract and weighs it against its main rival as an engineering contract, the NEC
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CommentLegal: How to offset the risks of offsite
In the seventh part of our series on new technology, Maeve Gantley explains how offsite manufacturing brings specific risks that need to be covered by the contract
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CommentLegal: a matter of principle
Lindy Patterson on how even if the employer is partly responsible for a delay in completion, the contractor may be liable for liquidated damages
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CommentLegal: Be careful what you wish for
Victoria Peckett describes a case where a strategy to push a contractor into insolvency to resolve a dispute seriously backfired
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CommentCase in focus: Adjudication
Ted Lowery on the impact of an arbitration clause upon a Part 8 application
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CommentNEC – stick to the plan
The NEC demands a devoted approach in its parties – but follow the contract closely, and everything should go smoothly
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CommentLegal: Professional experts beware
Expert witnesses can be sued for negligence or parties hit with adverse costs if they fail to fulfil their duties correctly
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CommentLegal: Back of the net
Net contribution clauses apply to all a consultant’s obligations under that appointment
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CommentIt’s time to amend the public contracts regulations on payment terms
Softly, softly approaches to changing bad practice do not work in the construction industry, says Rudi Klein
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CommentBulwarks against Brexit: assessing its impact on existing construction contracts
David Hansom advises on how to make your construction contracts Brexit-proof
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CommentAsbestos: a duty to manage
To mark Mesothelioma Awareness Day, Mark Price of Daniel Connal Partnership examines the dangers of asbestos and offers advice to employers
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CommentLegal: specialist reports - easy to miss a trick
It’s vital that you can legally rely on specialist reports into issues such as rights of light or site conditions - so it’s even more vital that nothing is overlooked
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CommentLegal: Full time
A recent case in the High Court puts limitation periods under collateral warranties on the spot
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CommentLegal: Double trouble
Two-stage tendering is here to stay: Matthew Jones clears up some misconceptions about the process
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CommentLegal: The right to exclude
Terms limiting liability must not only be fair but must also correspond with a service provider’s standard terms of business
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CommentCase in focus: Insolvency
Ted Lowery on the impact of liquidation upon the right to adjudicate
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CommentLegal: It’s up to you
Parties may contractually allocate concurrent delay risk as they wish, write Emily Leonard and Hannah Gardiner
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CommentLegal: It’s a win on penalties
The approach to any failure to send a timely payless notice has at last been questioned
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CommentLegal: Say what you see
If a party has taken a conflicting stand in a related case, an adjudicator may be obliged to disclose those case documents