Legal views – Page 34
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CommentCheck the paperwork
It’s not just Byron clamping down on illegal employees. The government has a drive on to catch workers who do not have the right to work in the UK - with big fines falling on those who employ them
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CommentMind the gaps
When words are removed from a contract, deciding what to bring back into the court room can be a tricky business. A recent TCC case provides an example
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CommentThe Welsh pipeline
Jeremy Williams analyses the Welsh political and economic landscape and asks what it will take to get several key multi-billion pound infrastructure projects off the ground
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CommentWeather delay: Come rain or come shine
How bad does the weather have to get for it to warrant an extension of time? We need to be aware of our contractual entitlements in exceptional weather conditions
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CommentA cure for the cashflow
As UK construction continues to be beset by poor payment practices, maybe the government should follow the example of tougher regulation introduced on the other side of the world
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CommentConcurrent delay: Time on your side?
The recent case of Saga Cruises vs Fincantieri considered the question of when delays will be concurrent
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CommentQuestioning expert witnesses
When an expert witness - a guardian of trust and knowledge - is proved wrong in court, it is tempting to try to turn psychologist and wonder what was going through his head
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CommentCase in focus: Expert shopping
To what extent should a party be required to disclose additional documents as a condition of being permitted to replace an expert witness?
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CommentOral agreement: Power of the spoken word
Where a contract insists all changes must be in writing, what effect should there be when changes are introduced following an oral agreement? A recent Court of Appeal case provides guidance
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CommentThe Insurance Act 2015 – No ask no tell?
On 12 August, the Insurance Act 2015 came into force, sweeping aside more than 100 years of legislation
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CommentContract termination: Ending it all
If contract termination becomes inevitable, then prevent it becoming a long, drawn-out process
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CommentWho needs bills of quantities?
The value of bills of quantities continues to be questioned, thanks to advances in technology and measuring methods. But quantification remains important, however it is done
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CommentDefective item claims: Losing the snail’s trail
Who needs knowledge of a defective product for a firm to know about it and will that knowledge bar claims against the manufacturer?
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CommentDispute boards and the Rio Olympics
Dispute boards are gaining ground internationally – most recently in the Rio Olympics
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CommentThe customer is always right?
A recent Scottish case illustrates some of the issues around a developer’s liability to end users for defects in a project
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CommentTuning in to BIM FM
As BIM becomes a more familiar part of the construction landscape we should turn our attention to how it can be useful over a building’s lifetime
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CommentUniversity challenge
The vote to leave the EU is unlikely to have a significant impact on the UK’s purpose-built student accommodation sector - but there are other challenges on the horizon
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CommentHot tubbing: Rub-a-dub-dub
Hot tubbing, where experts give evidence concurrently, is all the rage in Australia. Now it could be heading to these shores – except that it’s been here for 18 years already
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CommentNon-waiver agreements: Striking Gold
A recent TCC judgment does not prove memorable for the details of the case itself but is worth treasuring for the valuable case law reference point it provides
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CommentCheck the interface
On a scheme as big as Umm Al Quwain’s Firdous Sobha resort steps must be taken to minimize the risks of discord between all the different stakeholders