Legal views – Page 31
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CommentPayless notices: Don’t take any chances
A string of High Court cases have underlined the importance of issuing payless notices correctly
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CommentReporting payment practices: Line of duty
Regulations have come into effect to make large firms report on their payment practices. Can the duty to report bring about a culture change in construction?
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CommentStill beating the drum
In his first column, in April 1987, our legal columnist, criticised the CITB levy. As a new training charge looms, he assesses the 30 years since: ‘disputomania’, adjudication, and what happens next
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CommentWheels within wheels
Framework agreements with complex linked subcontracts can lead to cases centred on how the contracts work, rather than the substance of the dispute itself
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CommentCase in focus: Part 8 application
In what circumstances can a Part 8 application be used to oppose enforcement of an adjudicator’s decision?
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CommentBut is it any good?
The Society of Construction Law released the second edition of its Delay and Disruption Protocol in early March. Progress has been made but perhaps not enough
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CommentA matter of timing
A TCC decision has provided valuable guidance regarding the payment regime in the JCT DAB contract, as well as clarification on substantiation of interim applications
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CommentConstructing a team
The concept of collaborative working has gained popularity since 1994’s Latham report but alliancing on big projects can be complex. New guidance is now available
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Comment‘Oops, sorry, I didn’t notice …’
Getting notices right under the contract can be critical to the success of your project. Pleading ignorance, or hoping things will be sorted out later, can lead to disaster
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CommentThe second post
Some cases involving standby letters of credit have been reassessed by the Court of Appeal. So what clarifications of the law were made this time around?
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CommentDifferences of opinion
Even if plans for a second independence referendum don’t come to fruition, Brexit could create a greater divergence between Scottish and English construction law
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CommentHousing white paper: Beware unknown unknowns
While the government is preoccupied with Brexit, the housing crisis has been laid at the door of local authorities and developers
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CommentDebts in paradise
A Caribbean case - marked by carelessness and potential illegality - highlights how horribly wrong a construction project can go. It also shows the specialist expertise of the TCC
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CommentBy implication
If contracting parties fail to agree a key term, making the contract unenforceable, can the courts imply a term to make their incomplete bargain into a binding contract?
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CommentPublic procurement: Not quite the end of the line
Procurement processes leave losers as well as winners. What happens if a firm chooses to challenge the decision?
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CommentPlay nicely – or else
Collaboration is the watchword under new forms of professional services contract- in fact, it’s now obligatory
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CommentCase in focus: Rectification of a contract
Could a contract that included an incomplete tender stage document be rectified?
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CommentStop playing games
Does an adjudication enforcement trump an insolvency moratorium? A recent case in the TCC has provided clear guidance on the issue
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CommentTaken on trust
Cash is king and nowhere is this truer than construction. Contractors should take steps to guarantee payment or be prepared to face the consequences
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CommentA cap in liability: The absolute limit
Contractual limitation of liability and whether such clauses say what they are intended to mean is an issue regularly aired in court