Legal views – Page 42
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CommentThe change mechanism
In projects where a large number of variations have taken place, should the contractor argue that the entire scheme of work be re-priced?
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CommentCyber security: Security protocols
The latest PAS document goes beyond BIM to look at wider security concerns in the digital built environment
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CommentAdjudication: The lay of the land
Does the work you’re engaged with constitute a ‘construction operation’? You had better be clear on this before you enter into adjudication
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CommentSubrogation: Not so plain sailing
Subrogation and issues of joint insurance often arise when drafting construction contracts. What guidance can a judgment involving a hired boat offer in these areas?
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CommentAs time goes by
An adjudicator’s decision is binding until the dispute is finally determined but here’s a case that opens up the question of limitation and how late that determination can take place
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CommentExclusivities: Exclusive arrangements
Exclusivity or lock out agreements are becoming increasingly common. But what are the benefits and why are they so popular all of a sudden?
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CommentOverpayment: Rare need for redress
It should be difficult to overpay on an interim payment but when it does occur, should there be an express term providing for repayment?
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CommentRight to buy and development
What impact would an extended right to buy have on housing association development programmes?
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CommentDon’t stray from the path
Not acting under strict terms of a contract? Beware - it’s sometimes hard to get back on the straight and narrow
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CommentHeat Network Regulations: Turning up the heat
Calling all developers, landlords and operators: the Heat Network Regulations are now in force and they bring with them some onerous requirements
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CommentEeny, meeny, miny, moe
Should you choose arbitration or High Court for your dispute resolution clause? Steep rises in court fees have made the choice trickier
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CommentNo bargain in this basement
Basement developments can often be a delicate and troublesome procedure. But who’s at fault if things start to go wrong?
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CommentCaught in a bind
Our columnist examines a homeowners’ dispute where an adjudicator’s decision was held to be finally binding – that is what they asked for
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CommentConstructing a team
At a time when firms are taking on more workers, employers need to be careful of the pitfalls and work to build and maintain a workforce
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CommentPBAs: Tell it like it is
There’s still resistance to project bank accounts from main contractors. It’s time some people got their facts straight
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CommentDangers in the deep
A recent case shows the risk that design-and-build contractors are exposed to on complex projects such as offshore wind farms
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CommentStatutory payment provisions: Where are we now?
There is little review over the provisions which have changed the payment regimes in the construction industry
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CommentCDM Regulations: On a role
The Construction (Design and Management) Regulations 2015 came into force last month, but misunderstandings remain over principal designers and CDM co-ordinators
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CommentFIDIC contracts: Simply red
A recently reported case held that the employer was not entitled to take advantage of its own wrongdoing in enforcing a condition precedent under the FIDIC Red Book
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CommentLove thy neighbour (or sue them)
What happens if something happening on a neighbouring property causes damage to next door?