Legal views – Page 48
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CommentProperty: Waving a green stick
Plans are afoot to compel private landlords to make energy efficiency improvements to their properties
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CommentNo messing north of the border
This case from the Scottish Court of Appeal reiterates the point that adjudication should not be held up by minor technical points
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CommentInsurance: Living with uncertainty
Insurance can help projects thrive by limiting uncertainty but developers must take initiative in developing their programmes
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CommentChallenging times
In regards to procurement, the public sector is already held to a far higher standard than private clients
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CommentHealth as well as safety
The HSE wants to consolidate the message that exposure to hazardous substances and dusts containing silica is as much of a health risk as on-site safety
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CommentTermination at convenience
Terminating a contract is never an easy call to make, and it could have a strong impact on later damages payments should you act too hastily, as these cases demonstrate
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CommentNew homes insurance and lost deposits?
A recent TCC judgment involves claims by a number of parties in respect of lost deposits paid for new flats
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CommentA case for compensation
A case in Ireland considered some of the clauses surrounding compensation events in the NEC3 suite of contracts
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CommentThe Freedom of Information minefield
Parties are using the Freedom of Information Act to strengthen their positions, so be aware when working with a public body that it may have to disclose information you’d rather it didn’t
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CommentKeeping the cash flowing
The fair payment charter is clearly going to need some teeth and enforcement powers but who the teeth will belong to and what the enforcement measures will look like remain to be seen
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CommentSharing out the risks
BIM is supposed to help eliminate design risk but the different parties on a project must make sure that their responsibilities and liabilities are clearly defined
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CommentSet-off: Know the setbacks
Set-off is a term that is regularly heard in the construction industry, but does everyone know exactly what it means?
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CommentCaught in the Act
Your brilliant idea to develop part of an existing building could easily be scuppered by the Landlord and Tenant Act 1987 - so best to get advice early
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CommentPlaying by the rules
The ‘Plebgate’ affair may not have been very edifying but it did give the courts the opportunity to issue guidelines on Civil Procedure Rule 3.9 - on granting relief from court sanctions
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CommentBooks for the beach
It’s summer and you’ll be wanting to pack some reading matter for the hols. Well, Construction Contract Variations will have you on the edge of your lilo
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CommentAdjudication and administration: Show us the money
You can win an adjudication but still lose out if the client goes bust before you get payment of your award. But there are steps you can take to mitigate the risk
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CommentAssignment: We can't afford to get it wrong
With notable distinction placed on assignment. What if it’s just not an option?
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CommentDuty of care
Beware when dealing with product liability. A recent case has shown there are times when goods are not ‘goods’ and breach is not all it seems
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CommentA judgment on the JCT term 'appropriate deduction'
A recent case breaks new ground in dealing with how ‘appropriate deductions’ for defects can be deducted by the employer