Legal views – Page 52
-
CommentPayment to subcontractors: The direct approach
The revised EU Public Procurement Directive could mean that subcontractors will receive payment directly. Our columnist compares direct payment legislation from other countries
-
CommentFocus BIM on FM
If we are going to invest in BIM, let’s focus on where it can make the most difference: the operation and maintenance period
-
CommentLow-bidding contractors: Always assume the worst …
Note to developers: if you are aware that a low-bidding contractor has financial issues, it is better for you, and the struggling contractor itself, just to choose another one
-
CommentInsolvent companies: Owing pains
An insolvent company that has entered into a voluntary agreement with its creditors may find itself in difficulty when it tries to enforce an adjudication decision, as one recent case shows
-
CommentClaims resuscitation: The patient may already be dead
If you believe you have a claim under a construction contract be conscious of the risk of expiry of limitation
-
CommentBIM Protocol: Playing games of risk
It is not entirely clear how the BIM protocol is supposed to be passed down the supply chain, raising important questions about who owns what risk
-
CommentDuty of care: Just desserts?
When the sign above a London cafe collapsed, causing serious injury, the finger was pointed at the shopfitter and building owner’s surveyor. But how far does the duty of care extend?
-
CommentPlanning court will keep us building
Developers and public bodies, who have had to cope with the increasing cost of defending judicial review challenges, will welcome the setting up of a new planning court
-
CommentInsurance: Checking your site security
Plant theft is a major contributing factor to ever-rising insurance premium prices. We look at the steps you can take to ensure that your plant remains safe and the cost of your policy stays low
-
-
CommentMy word is my bond. Well, perhaps…
The Doosan vs MABE judgment shows that the law has extended the reasons why one can restrain calls on bonds
-
CommentContesting government sites: Land grab
The government is giving people the right to contest the use of government land and property. So what do you do if there’s a site you want to get your hands on?
-
CommentTermination: Parting of the ways
A recent case in the Technology and Construction Court is a useful reminder as to how and in what circumstances notices of termination can be given
-
CommentConstruction 2025: Looking for a roadmap
Construction 2025 reminds us of the direction of travel but what’s needed now is a clear plan on how the industry can get to where it needs to be
-
CommentNEC: Campaign for plain English
The NEC was supposed to move from legal language to something more practical at project level. But a case from last year shows what can happen when courts are left to interpret the contract
-
CommentADR: RSVP or face costs sanctions
It is simply not an option for parties to stick their heads in the sand regarding alternative dispute resolution
-
CommentFinal account process in contracts: A final reckoning
Construction contracts often provide for wrapping things up in a final statement. But this process is absent in the NEC contract - something that can create significant uncertainty
-
CommentCompulsory pension auto-enrolment: Pensioned off
Next month SMEs, such as the mid-scale and smaller firms in the construction industry, will have to roll out pension arrangements for the first time. We examines some of the issues this raises
-
CommentPrepare for mediation
What if one party tries to initiate alternative dispute resolution and the other doesn’t want to know? Elizabeth Repper writes on some interesting points from a recent case and on how to structure mediation
-
CommentAdjudication costs: Winner takes all
New European regulations raise the possibility of adjudication winners being allowed to claim back legal costs from the losing side. But would this contravene the Construction Act?