Legal views – Page 35
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CommentBrexit: The winds of change?
A post-Brexit UK could see new industry trends. Will construction management be back on the agenda?
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CommentCase in focus: Adjudication Enforcement
In the first in an occasional series focusing on individual cases, we report on a classic case of contractual uncertainty
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CommentDisclosure of correspondence in litigation
Disclosure of correspondence will be sought by subcontractors in litigation with main contractors. But can they withhold details of settlement agreements?
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CommentCollaboration express line
Once I was a sceptic about ‘collaboration’ but I have realised that it’s all just common sense
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CommentWhat’s the Brexit strategy?
Leaving the European Union could have a huge effect on the regulatory environment in which the industry operates. Or it could not. It will all depend on the coming negotiations
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CommentEnd of the TUPE line?
After Brexit we may no longer need TUPE regulations to be compliant with EU directives. Does that mean we should get rid of them?
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CommentBrexit: Apocalypse now or just bad weather?
There must be changes to accommodate a new political and economic landscape
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CommentCommercial real estate: Breaking the land bank
Tesco used sale and leaseback transactions to release value from its property portfolio. But would it have been better off keeping the freehold of its own stores?
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CommentIn a state of fluctuation
With inflation levels low, construction contracts are now less likely to offer fluctuation provisions. But the question as to where the risk of price changes should lie has not gone away
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CommentPost-Brexit: Time to get on with things
After last month’s shock Brexit vote, how will the development market be affected? Now more than ever, firms will need to be proactive
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CommentAdjudication: The corrections
Judges in the TCC will usually say that adjudicators’ decisions are there to be enforced. But a Part 8 procedure can be used to alter final decisions on self-contained legal points
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CommentArtificial intelligence: Frankenstein’s lawyers?
AI programmes are becoming part of legal process. Could construction lawyers could be facing obsolescence?
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CommentClaims for distress: Bit of an upset
Can you put a price on the distress and anxiety caused by a building project that goes awry? Some previous cases provide guidance
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CommentSCL Delay and Disruption Protocol: Take two
Fourteen years after the Society of Construction Law published its first Delay and Disruption Protocol there’s a draft second edition. So what’s changed since 2002?
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CommentSettlement agreement: Crossing the line
Does the right to adjudication in the underlying construction contract still apply if you have entered into in a settlement agreement? A recent case in the TCC provides guidance
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CommentMental health issues: Turn the lights on
The industry must make progress on ensuring employees’ mental wellbeing – or brace itself for a rush of legal claims
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CommentUK employment law: Which rules apply?
A Court of Appeal judgment provides clarity on whether UK employment law can apply to foreign nationals employed abroad by British firms
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CommentPayment rules: Was it worth it?
Over the last 20 years the industry has invested in trying to improve cash flow, but has it been money well spent?
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CommentPlanning: Going local
While advertised by the government as a way to boost housing productivity, the Neighbourhood Planning and Infrastructure Bill only looks set to slow things down
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CommentContract variations: Mixed messages
Preventing certain forms of communication from having authority on a contract may take more than a note in the terms and conditions