Legal views – Page 32
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CommentWho gets the bill?
A collapsed tunnel on a hydroelectric scheme left the contractor and employer in dispute about who should pay to have it rectified. So where does liability lie?
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CommentSimply fair
Understanding contractual provisions can be complicated but a solid legal framework that also reflects fair payment guidance is essential
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CommentRevolutionary reform
A study for TeCSA revealed an appetite for change in the pre-action protocol for construction and engineering disputes. That change came into effect towards the end of last year
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CommentJust sign here …
When you start a new business arrangement it is best to confirm the terms in writing. A recent spate of construction disputes show the risks involved in relying on oral contracts
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CommentIt was never a problem before
The rule of ‘estoppel by convention’ is increasingly significant in disputes about payment or payless notices. So, what is it and what do the courts say about it?
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CommentHad enough of experts?
Expert reports are not ‘expected or required’ in the new edition of the pre-action protocol for construction disputes. But construction claims have less chance of settling without them
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CommentCase in focus: Issuing payment notices
Was a contractor’s interim payment notice valid and, if so, had the employer issued an effective payless notice?
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CommentTurning the tide
Tidal power could revolutionise UK energy infrastructure. Here, the firm that advised on planning for Tidal Lagoon Swansea Bay describes the challenges of that landmark scheme
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CommentScoring an own goal
A benefit of arbitration is that it stops details of a dispute becoming public. But, as a case involving a football manager shows, if you challenge the arbitration you lose that advantage
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CommentDefects: Making it right
Contractors are expected to come back and repair any defects after completion of a scheme but if they refuse – or an employer does not ask them – who carries the cost?
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CommentShorter trials: Take a short cut
The TCC is piloting a scheme to promote shorter trials. A recent case has shown the benefits it can deliver in reducing costs
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CommentPlaying the game
A recent TCC case shows how the back and forth between contractor and employer around payment notices can descend into a parlour game
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CommentJCT DAB 2016: Refinement, not revolution
JCT recently issued an updated version of its Design and Build Contract. Here is an overview of the most important changes to take note of before signing up
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CommentMore words, fewer claims?
FIDIC will launch a second edition of its Yellow Book later this year. This longer contract looks to resolve some of the issues encountered by those using its predecessor
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CommentBasement builders: can you dig it?
What basement builders need to consider after a landmark High Court ruling
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CommentCase in focus: Non-delegable duty
Did a contractor owe a non-delegable duty in respect of the actions of its independent subcontractor?
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CommentOut off site, out of mind?
Modular construction is gaining support from major clients but the point at which legal ownership of off-site goods and materials passes to the purchaser is a crucial question
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CommentEnforcement: Crossing lines
What are the post-Brexit options for the UK government for enforcement of judgments within EU countries? Here are some of the routes available
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CommentHere today, gone tomorrow?
What are the main concerns for the industry as it moves into 2017?
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CommentWill nobody notice?
A recent case has highlighted the role and significance of notices, which can get particularly complicated when there are funding and insolvency issues