Legal views – Page 30
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CommentIChemE’s Silver Book: Pieces of silver
A close look at what is contained in the IChemE’s new consultancy agreement for the development of process plants
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CommentIntelligent contracts: Get smart
‘Smart’ contracts could be the next big thing in construction technology but will developers learn the lessons of BIM implementation? Sometimes it’s better to keep things simple
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CommentTaking the fifth
This year’s FIDIC White Book shows worthy progress. Here is a look at the latest iteration of the client/consultant model services agreement
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CommentAccident or certainty?
A recent High Court judgment provides useful guidance on the meaning of ‘accidental damage’ in the context of an all risks insurance policy
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CommentFact versus forecasts
How should the monetary effects of compensation events be assessed months after the event itself? There are two different schools of thought on that
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CommentCase in focus: Compensation events
Had a PFI project company given proper notice of a claim for compensation? Ted Lowery considers a High Court case in Northern Ireland
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CommentHolding back
Withholding retention money is one of the most controversial practices in the construction industry today. But with reform delayed, what can subcontractors do to protect themselves?
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CommentPersuasive percussion
In response to Tony Bingham’s April column on how we must better engage with dispute avoidance, a legal academic gives their view on how firms must try to understand each others’ positions
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CommentDoes what it says on the tin
Our contract law prizes certainty, as do our firms, except when they are on the receiving end. A recent case confirms our courts’ preference to apply contract terms strictly
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CommentTemporary workers filling skills gap
Construction is becoming reliant on temporary workers as employers attempt to fill the skills gap
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CommentNo newts is good newts
Finding great crested newts on site can cause delays. But plans to streamline the process must play out in the context of changes (or not) to environmental legislation post-Brexit
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CommentInfrastructure: What’s in a name?
‘Infrastructure’ is the word on everyone’s lips at the moment, but how do you define it for contract purposes? For the most part, it might be best not to
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CommentLessons to be learnt
PPP agreements have been successful in getting public facilities built but there must be controls so that flaws - like the ones that caused a brick wall to collapse in an Edinburgh school - are prevented
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CommentPromise to be good
Recent years have seen the use of ‘good faith’ provisions in construction contracts. But what does an expression of good faith mean in practice?
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Comment
Case in focus: Procedural fairness
Had interventions by the judge during the evidence made a fair trial impossible? Ted Lowery considers a recent Court of Appeal case
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CommentCyber security: Be prepared if you don't WannaCry
The events of last Friday and the weekend have shown that cryptoware can wreak havoc. Ensuring that staff are properly trained is crucial
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Comment3D printing: Another dimension
3D printing is set to play an ever more important role in the construction process but, with this new technology, new legal safeguards will be needed
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CommentIf the advice isn’t right
Construction professionals often give advice on the best course of action in a construction project. However, if such advice is wrong, for what losses could the consultant be liable?
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CommentLessons from the Garden Bridge fiasco
The odds were stacked against a bridge that offered little practical or economic benefit, but failing to secure adequate funding was its ultimate downfall
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CommentHateful eight
A recent TCC judgment provides commentary on the practice of commencing Part 8 proceedings to undermine adjudicators’ decisions