Legal views – Page 55
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CommentThe benefit of experience
Age may not lead to wisdom, but looking back at her days as a junior solicitor Ann Minogue finds that she now has some of the answers to the things she did not understand back then
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CommentChoose your weapon
A contractor used a procedural trap to try to torpedo an adjudicator’s decision against it. Unfortunately for the contractor, it blew up in its face
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CommentThorns in the green shoots
Contractors are still using some of the dirty tricks they learned in the depths of recession to squeeze supply chains. But they may not get away with it for much longer
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CommentHow viable will adjudication be in future?
The recent Museum of Liverpool has huge implications for adjudication costs and makes it a much riskier undertaking for smaller firms
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CommentWhat's in a name?
The TCC has reviewed the law in relation to misnomer and shown that courts are able to call on extrinsic evidence when something goes wrong with the naming of a party
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CommentAll change: CDM regs
The HSE has indicated that changes to the Construction (Design and Management) Regulations due in 2014 are likely to be wide ranging and focused on more than cutting red tape
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CommentIn at the deep end
A bolt-on to a standard contract for a swimming pool put the contractor into dispute with the facilities manager. But can a collateral warranty within a contract be referred to adjudication?
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CommentBe aware of serial defects clauses
A recurring clause in civils work contracts on wind farms can be problematic
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CommentSection 144: What about commercial property?
When redeveloping an empty property, the project can be at risk of delay from squatters. The law now protects residential stock – should the same happen with commercial buildings?
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CommentPress "send" in haste, repent at leisure
Owing to the dominance of e-communications it is easier than ever to record the wrong thing
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CommentStop scrabbling around
The losing party in an adjudication sometimes tries to come up with a reason not to pay. But, however ingenious the argument, the court is likely to enforce the adjudicator’s decision
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CommentResponsible parenting
When it comes to competition law, parent companies need to keep a close eye on their subsidiaries, even if they operate independently
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CommentInsolvency and adjudication
An adjudicator decides who has to pay what to whom - a decision that is binding. But what happens when the payee is insolvent and any money paid may never be seen again?
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CommentClaims under collateral warranties
In her final column for Building, Rachel Barnes looks at a case that sheds some light on the thorny question of whether a claim under a collateral warranty can be referred to adjudication
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CommentWithholding payment after adjudication
Withholding payment after an adjudicator has made a decision puts you in tricky territory. But one of the parties in this case attempted to find a way to do just that
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CommentNo stay of execution
A contractor tries to delay paying its subcontractor, arguing that it cannot reclaim the money later if the other firm goes into administration. What did Mr Justice Ramsey think?
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CommentDisaster management: Saving your business and your reputation
Sometimes things happen in a way that could not be predicted. So when things go wrong, what’s the next step?
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CommentJCT in non-UK markets: Going global
The JCT is launching a survey to find out about people’s experiences of using its contracts abroad. Our new columnist weighs up its chances of success in an international market
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CommentMandatory cost budgeting: Counting the cost
Construction legal experts debate the highly controversial subject of mandatory cost budgeting
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CommentMuseum of Liverpool: Picking up the tab
Another interesting aspect of the Museum of Liverpool case is that the architect had to pay an adjudicator’s fee for an adjudication it wasn’t involved in. Does this set a precedent?