Legal views – Page 58
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CommentEveryone's a loser
The players in this case saw the chance to make a big profit. But unfortunately, when the banking crisis came and they fell out, it led to both sides having to shell out
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CommentEnigmatic variations
Variations are difficult to avoid in construction work, but two recent cases show that there is plenty of scope for disagreement over how they should be valued
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CommentAdjudication: Beat the clock
It is, of course, possible to get an adjudication overturned in court, but if the original case is heard only years after the event, things can get complicated
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CommentLegal brief: Land banking
The devil will be in the detail if Labour’s ‘use it or lose it’ plan for developers sitting on land that has been granted planning permission ever comes into law
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CommentPartnering's tough side
There is no contradiction in the PPC standard form’s obligation to act in a ‘spirit of trust, fairness and mutual co-operation’ and a client’s contractual right to terminate
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CommentExtension-of-time disputes
Assessing an extension-of-time dispute is tricky. Experts need to be able to transport themselves back to the time of the delay and take in the view from there
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CommentLegal brief: Changes to whistleblowing law
Changes to the law surrounding employees becoming whistleblowers come into effect today. Here’s what you need to know
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CommentBuilding Act: A pier entrance can be deceptive
Hastings council’s decision to close part of the town pier due to fears over its structural integrity put the provisions of the Building Act 1984 to the test - with perhaps surprising results
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CommentAmended standard forms: Just say no
‘Amended’ standard forms are a cunning ruse that use pages and pages of modifications to pile risk onto subbies. But why do they agree to sign them?
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CommentJV agreements: Common provisions
Five of the most important provisions in a joint venture agreement
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CommentBahrain: Construction opportunities in the ‘land of the two seas’
Bahrain is a pure and sacred place known as “the Pearl of the Arabian Gulf” – and a place with an increasing number of opportunities for UK construction
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CommentLimitation periods and adjudication
The idea of adjudication is that it has no bearing on any subsequent litigation or arbitration, but in this case a clever argument tried to get around that principle
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CommentEasements: What's yours is theirs
How easements - rights that people who don’t own the land can exercise on it - can hold up a development
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CommentNo crime and punishment
Contracting authorities can ban bidders from their tenders for certain crimes and also for non-criminal acts that amount to ‘grave misconduct’
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CommentKnowing who you're in contract with
Problems with a retaining wall led to a dispute for damages. But who had the engineer signed a contract with - a business or an individual?
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CommentMAC clauses: Phantom menace
Material Adverse Change clauses are often included in commercial contracts but rarely enforced. Developers need to be aware of what can happen when they are, as a recent case has shown
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CommentRepudiatory breach of contract: Once more unto the breach
A repudiatory breach by the other side allows you to terminate a contract. But you will need to be sure it is such a breach if you don’t want the courts to put you right
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CommentContract flexibility: How far can it bend?
Flexibility in contracts is a complex matter. Professionals need the freedom to exercise their judgment, but never at the expense of precise language
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CommentThe madness of NEC the third
This clause was so complicated that the parties offered two different interpretations and the adjudicator went with a third. Which started a whole new round of wrangling …
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CommentWhat to do about BIM
The Construction Industry Council has published a new standard protocol for BIM level 2. Will it promote adoption?