Legal views – Page 39
-
CommentContracts: If it looks like a duck
You may not have a contract in writing, but if you’ve had meetings about the scope and price of the work and have got on with the work and even been paid for the work, then a contract is just what you have
-
-
CommentAnother fine mess
From February next year, new health and safety sentencing guidelines will apply. The approach the Sentencing Council has taken is draconian - with hugely increased fines - but is it fair?
-
CommentQuantum meruit: Just desserts
It seems only fair that a party should be paid a reasonable amount for the work it performed. But the courts have taken a nuanced approach to quantum meruit claims
-
CommentGet out there
Construction is in recovery in the UK yet still holds back from competing for work overseas. It’s time it put itself forward to grab a bigger share of a growing international construction market
-
CommentChristmas stuffing
For those wondering what to put in their loved ones’ Xmas stocking this year, here are two page-turners about adjudication that will leave them feeling satisfyingly replete
-
CommentA yellow card for penalties?
When two cases on liquidated damages were heard in the Supreme Court, it seemed possible that the law on penalty clauses was to receive a shake-up
-
CommentSubcontractor discounts: An offer you should refuse?
Who should benefit from subcontractor discounts? Or are they past their sell-by date?
-
CommentInterim payment applications: Henia Investments Inc vs Beck Interiors Ltd
Before Mr Justice Akenhead. Judgment delivered 14 August 2015
-
CommentA facelift for NEC3
Its role in mitigating disputes was a reason to celebrate the NEC’s 10th birthday this year. But it is also beginning to show signs of age and the time is ripe for a revamp
-
CommentTouching the void
A recent decision shows the consequences of failing to disclose material facts to insurers - dangers the Insurance Act 2015 should help alleviate
-
CommentIncorporation by reference: Northrop Grumman Mission Systems Europe Limited vs BAE Systems (Al Diriyah C41) Limited
Before the Master of the Rolls, Lord Justice Briggs, and Lord Justice Bean. Judgment dated 30 July 2015
-
CommentNo need for miracles
This cautionary tale around redevelopment of a church shows good housekeeping and communication are key for lenders and project monitors
-
CommentA new test for penalties
The Supreme Court has made a decision on how to better codify when a contractual provision is a penalty. What effect will the new classification have on construction contracts?
-
CommentLimitation period: Aspect Contracts (Asbestos) Limited vs Higgins Construction plc
Before Lord Mance, Lord Wilson, Lord Sumption, Lord Reed and Lord Toulson. Judgment delivered 17 June 2015
-
CommentWho’s counting?
Despite decades of changes to planning law, the number of homes we’re building has barely increased. Does the Housing and Planning Bill hold out the hope that this time things will be different?
-
CommentAbsent friends
When a contractor goes into liquidation, can an employer avoid paying them a previously certified sum? A recent case provides guidance
-
CommentThe new frontier
The majority of construction firms caught up in a cross-border dispute will plump for international arbitration. Why is this?
-
CommentNot guilty!
Recent columns have been on how legal wrangling can mangle the procurement process. But is it really the lawyers at fault?
-
CommentBut the levy was dry …
The CITB should be a vehicle for world-class training but for over 50 years the levy has created resentment. It’s time for a rethink. However, current plans for reform do not go far enough