Legal views – Page 44
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CommentFinal certificates: It’s not over yet
Challenges to a final certificate through the courts or by arbitration are straightforward but if a contractor challenges via adjudication then procedural mishaps can occur
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CommentCDM regs: Two steps back
As a member of the working party that drafted the 2007 CDM regulations, Rudi Klein explains why the 2015 update represents a retrograde move for the construction industry
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CommentICC: There’s a new guy in town
Many employers procuring civil engineering projects have turned to the NEC reluctantly and for want of any alternative. Now the ICC has positioned itself as a genuine rival
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CommentInfrastructure Bill: More moral fibre, please
The government has withdrawn amendments that would have made life less risky for those introducing broadband fibre. The onus is on developers to act themselves
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CommentCDM regs: Is this change we can believe in?
Some think CDM 2015 will make confusing and costly changes but the HSE believes the new regulations will streamline health and safety in practice
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CommentCDM regs: Re-writing health and safety
Revised CDM regulations that come into force in April look to improve those published in 2007. Familiarise yourself with the new rules, but remember they could still change
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CommentTorch tower: Burning questions
A blaze that ripped through the Torch tower in Dubai could have major legal and cost implications for skyscraper fire safety in the UAE
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CommentInsurance: The known unknowns
Modern methods of construction bring distinct advantages to builders but present unknown risks to insurers – manufacturers will need to find ways to reassure them
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CommentCash retentions: Tell them where to stick it
Readers should use the general election to send prospective MPs a message about protecting cash retentions from insolvency risk
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CommentConstruction Act: Ready for the chop
Here’s a scrap over what constitutes a construction contract. When the winner asked for its hefty costs to be paid, that’s when the judge got his axe out
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CommentA spotlight on rights to light
If a building interferes with a neighbour’s right to light, the courts can get the developer to knock it down - but changes are afoot that may redress the balance in the developer’s favour
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CommentAdjudication: Collateral damage
Francis Ho considers a world where parties can adjudicate under collateral warranties and asks what can be done to put the genie back in the bottle
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CommentEstablishing communication
Are communications protocols necessary to support the payment process?
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CommentJudicial review: Who shot JR?
Government attacks on judicial review have overlooked its importance in giving the professions a voice and keeping regulators in check
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CommentPayers beware
One of the first cases on the new payment provisions in the Contruction Act underlines the importance of issuing payment and pay-less notices
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CommentPublic procurement: Are you ready?
New regulations introducing a more flexible and modern regime are due this spring. These are the main changes
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CommentSites for sore eyes
A rush to meet demand in an industry with a skills shortage could have fatal consequences if workers aren’t trained properly
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CommentExtensions of time: After the event
The judge’s comments in a judgment around extensions of time provide future guidance