Legal views – Page 49
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CommentThe right remedy
A recent Supreme Court decision should make it easier for developers to argue that damages rather than an injunction should be awarded in nuisance cases
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CommentConsidering your clauses
Design obligations, in particular on the standard of skill and care required vs fitness for purpose provision, is a recurring issue
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CommentA New York story
New York City has taken a tough line with construction firms that are involved in illegal activity. After looking at the case of Structure Tone, you wonder how long it will be before we take similar action here
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CommentClearing the traffic
The Highways Agency is being transformed from a quango to a go-co. But will it help projects to move faster – or just reduce its accountability?
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CommentNo escape from 106
Jacqueline Backhaus and Henry Fitch A recent case involving a planning row at an east London faith centre is a reminder of the difficulty of overturning section 106 agreements through the courts
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CommentLatham: A knight’s tale
Michael Latham was just one of a long line of ‘gurus’ seeking to transform construction. They all failed but at least Sir Michael successfully transformed the legal process
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CommentThe fracking revolution
Proposals to streamline UK trespass laws could allow companies to extract shale gas from underneath an adjacent landowner’s property without permission
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CommentApplying English law in Scotland
When deciding whether or not to enforce the adjudicator’s decision, the court had to decide if the contract was assessed under the English or the Scottish Scheme
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CommentExtension of time: Time is not on our side
Lessons should be learnt from six recent cases on delayed projects and extension of time disputes. However, as with those projects, progress is slow
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CommentFraud: Playing detective
The construction industry faces daily risk of fraud and corruption - particularly within its extended supply chain. So what do you do if you think you might have fallen victim to it?
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Comment'Un'-fit for purpose can be a very expensive experience
‘For a contractor, a fitness for purpose obligation tends to raise the hackles. But why?’
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CommentLetters of intent: The road to Hell
Letters of intent are often used while parties and their lawyers haggle over terms. But what happens when a contractor is required to work in accordance with terms still being discussed?
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CommentStorm damage: Under the weather
Last winter’s storms and flooding caused damage to existing buildings and those in the process of being constructed. But who bears the liability for delays to ongoing building projects?
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CommentSummary judgment: A cautionary tale
In this case, before Mr Justice Akenhead, the opportunity to spell out to would be claimants the implications of misguided proceedings was not to be missed
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CommentPutting a value on variations
The judgment in the case between MT Hojgaard and E.On highlights why employers should not use the variation process to deal with a breach of contract
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CommentBrazil World Cup 2014: Lessons from London
Brazil had seven years to prepare for the World Cup, but struggled to complete some work associated with the event on time. What could have been learnt from London’s handling of the Olympics?
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CommentPlanning performance targets: Not hitting the bullseye
Fast tracking the planning process is one way to tackle the housing shortage - but are planning performance targets having the opposite effect?
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CommentEU procurement directive: Size matters
A new EU procurement directive will soon demand new contracts for sizeable variations to public projects, but tread carefully: substantial is a subjective word
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CommentWho says it’s not fair?
The supply chain payment charter promises to end retention and lengthy payment schedules. But despite its subjective language it has a sting - you’re signing up to legal obligations