Legal views – Page 50
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CommentPutting our faith in BIM
The collaborative sharing of information across projects through Level 2 BIM certainly sounds good on paper. In reality, it relies on a level of trust that the industry has never been comfortable with
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CommentCIOB Consultancy Appointment: Appoint in Time
Last year the CIOB ‘s Complex Projects Contract stressed the importance of time and cost management. Now it is to be joined by a consultancy agreement as it transitions to a suite of contracts
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CommentHave your say on CDM changes
The HSE is asking for feedback on its draft CDM regulations so this is a chance for the industry to consider how the proposals will affect businesses and whether standards will be raised
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CommentNet contribution clauses: Make sure it's 'crystal clear'
Net contribution clauses have become common place in certain construction agreements such as consultant appointments, warranties and third party rights schedules in favour of purchaser and tenants
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CommentConditions precedent: Toe the line or else
The presence of condition precedent type clauses in contracts can turn a claim situation on its head
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CommentPutting paid to late payment
Whether further legislation can improve construction’s payment culture is debatable. It’s more about knowing your responsibilities and properly understanding the risks
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CommentAdverse possession: A possession of strength
Trespassers can acquire rights to vacant sites so developers need to be vigilant if they own land awaiting development, or are considering buying empty plots
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CommentFIDIC standard form: Rock steady ruling
A dispute originating in Gibraltar demonstrates how international cases can be brought to London’s TCC to take advantage of its specialist knowledge
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CommentBasements: Going underground
Basements may be an attractive proposition for homeowners and developers, but contractors need to take note of the legal considerations to avoid digging themselves into a big hole
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CommentLaker vs Jacobs: A complex case
This case is a good reminder of the court’s unwillingness to set aside adjudicator’s decisions where mistakes within the decision may be found to exist
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CommentWitnesses: Remember it like it was yesterday?
Judges and dispute deciders should place little reliance on what witnesses ‘recall’ happened, as our minds forget and distort events over time - however vividly we think we remember
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CommentFundamental breach: Calling time
If you think the other party to your contract has committed a fundamental breach, you better be sure before you lock the site gates behind them - as you could be committing one yourself
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CommentPanama Canal project: Troubled waters
With an estimated $1.6bn shortfall and no adequate remedy in the contract, the Panama Canal project shows that a low tender price and transferred risk don’t make for plain sailing
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CommentCIL: A complex regime
According to the government CIL is a “fairer, faster and more transparent” system than Section 106 agreements. In reality it’s a bit more complicated than that
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CommentInsurance: Hand arm vibration
Around five million workers are exposed to hand arm vibration. So what can employers do to minimise the risk of this problem and guard against costly insurance claims?
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CommentOverseas investors: Biting the hands that feed us
Don’t blame developers and foreign investment for housing shortage
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CommentAdjudicator jurisdiction: Between a rock and a hard place
A case from January illustrates the potential difficulties of seeking to limit the jurisdiction of an adjudicator and how, consequently, their decision may be wider than expected
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CommentForum shopping: Retail therapy
Tempting as it may be to shop around for your preferred adjudicator, the courts won’t look kindly on it - and you might end up with a longer dispute than you bargained for
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CommentGuaranteeing the guarantees
What happens when a firm agrees to deliver a bond or collateral warranty and then fails to do so? Mr Justice Ramsey, it seems, thinks ordering specific performance may be a solution
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CommentThird party funding: A third wheel?
Stopjoin Projects Ltd vs Balfour Beatty Engineering Services highlights issues which arise when third parties get involved in financing construction companies