Legal views – Page 24
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CommentLegal: Draft your warranty with care
Aidan Steensma on the relevance to contractors of defects claims in developer-tenant cases
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CommentLegal: Pay it backwards
Stephanie Canham on draft legislation that will introduce a reverse VAT charge specifically for construction, to combat VAT fraud
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CommentLegal: Renewable contracts
In the sixth part of our series on new technology, Sara Cunningham considers how building contracts can be adapted for new buildings that also are required to generate energy
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CommentLegal: Agreed in principle
When is a contract a contract, asks Robert Akenhead – is it when a notional agreement is agreed, or does it need to be more formal?
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CommentWhat's wrong with retention?
Retentions meet a real need and aren’t a problem in themselves – it’s how they are administered that needs fixing
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CommentCase in focus: valuation evidence
Ted Lowery on when repair costs trump diminution in value as a determinant of damages
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CommentThe £12m blame game
When 64 homes had to be demolished, the council claimed the architect had assumed responsibility for others’ errors
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CommentLegal: Implied criticism
The Court of Appeal concluded that parties can agree whatever they wish – even if it seems in hindsight not entirely fair
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CommentLegal: Facing up to mental health
Employers slack on staff mental health may face disability discrimination claims
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CommentLegal: a knotty problem
James Bessey explains that a recent case showing nuisance can be caused by omission as well as action has implications for cladding fires
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CommentLegal: Cyber Security: smart buildings
Paul Glass and Jill Hamilton of Taylor Wessing’s cyber security team consider the benefits and risks of internet-enabled technology
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CommentLegal: A different kind of model approach
Daniel Garton and Ralph Goodchild on using system dynamics as evidence in delay and disruption claims
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CommentLegal: operating under-covered
Steven Carey looks at problems in obtaining professional indemnity insurance for cladding-related work in the wake of the Grenfell fire
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CommentCase in Focus: how low can you go?
Ted Lowery on a judgment that slated one side’s jaundiced approach to quantum evidence
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CommentTime’s up on 100% time bars
Why do time bar provisions strike down all of a claim, not part of it? Standard forms should allow a less extreme option
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CommentComputers take over the courtroom
Technology in the legal world has opened up a host of opportunities. Rebecca Shorter looks at new ways of making the most of digital evidence in construction cases and the risks to be aware of when there is such a vast amount of data at your fingertips
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CommentLegal: How BIM can bring us safety
Is BIM the hook on which to secure the golden thread of information that Hackitt says should run through every project?
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CommentCase in focus: Getting it done properly
A ruling says two disputes on the same project must use different adjudicators
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CommentA spanner in the works
The Pimlico Plumbers case highlights the rights of workers who fall between employee and self-employed contractor
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CommentLegal: Counting the cost of change
Lindy Patterson looks at how valuing compensation events under NEC is affected by a retrospective change in scope