Legal views – Page 47
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CommentThe doctrine of frustration
What effects would the outbreak of war on the international construction market?
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CommentTurning the light off
Goldman Sachs’ proposed headquarters is being hindered by two right to light disputes. But should the City of London Corporation use its powers to override these rights?
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CommentNew housing standards on the way
National standards are part of the government’s drive to cut costs, but will there be other consequences?
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CommentICC form: The Latest Model
A second edition of the ICC form – aimed at infrastructure projects – is on the horizon. But how much of an improvement over its predecessor is the consultative edition?
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CommentLADs: Sharing the pain
Recent cases may prompt employers to increase the liquidated damages they seek from contractors, who in turn may be more inclined to pass them down to subcontractors
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CommentVariation clauses: At your discretion
Variation clauses allow employers to alter works part way through a project. But they can lead to unfairness if a contractor has to act without waiting for instruction
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CommentScotland: Another country
Scotland may still be part of the United Kingdom, but the extra devolution promised by all three main parties will have consequences for those contracting north of the border
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CommentWhen setting-off isn’t letting off
There are circumstances where the paying party may avoid settling an amount awarded by an adjudicator using set-off
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CommentConstruction Act: Pay back time
Moves to speed up payment for the supply chain may have tipped the balance too far the other way and some subcontractors are cashing in
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CommentLiquidated damages: The unlikely LADs
A court struck down a liquidated damages clause because when the value of the contract was reduced, it became disproportionate and ‘unconscionable’
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CommentCollaborative working: Age of the team players
The industry has a number of tools to help focus collaborative working. So, is partnering still the future of construction?
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CommentChain of indemnity
A look at a case where an indemnity clause was found to be applicable despite the beneficiary being at fault
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CommentFor all practical purposes
A case on the familiar topic of a professional’s duties in certifying practical completion
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CommentLearning to get ahead of the game
Stereotypical substandard student accommodation is changing
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CommentRisky business
More than 80% of the industry complain that contract obligations are becoming too complex. But guarding against risk early on could save money
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CommentPayment abuse: Won’t pay, must pay
Don’t underestimate the challenge. It’s time to beef up the Payment Charter
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CommentLet’s talk about it
A High Court decision says parties to a dispute may be obliged to first to enter into friendly discussions
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CommentThe cost of avoiding disputes
Can we learn from earlier arrangements to reduce disputes later?
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CommentWhy did you sign that?
Identifying who is liable if that dream property purchase turns into a nightmare can be difficult
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CommentAnother brick in the wall?
There are contractual solutions to guard against building material shortages