Legal views – Page 60
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CommentLife on the high fees
Adjudicators were meant to deal with construction disputes ‘expeditiously and relatively inexpensively’. But the amount they charge is becoming increasingly hard to justify
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CommentNEC3 contracts: The hole truth and nothing but
If only lawyers would get around to filling up the holes in the NEC3 contract
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CommentCPC2013: Top form
We need a new form of contract for complex projects that encourages a more scientific approach to risk management. Step forward CPC2013 …
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CommentLegal brief: Human rights vs adjudication
A decision by the Scottish Courts on Whyte MacKay Ltd vs Blyth and Blyth Consulting Engineers sets an interesting precedent
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CommentLegal brief: Multiple disputes?
Willmott Dixon Housing Limited vs Newlon Housing Trust leads to an interesting development in adjudication law
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CommentLeap of faith
Despite what the Court of Appeal decided recently, isn’t a doctrine of good faith what the industry desperately needs?
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CommentDirect payment clauses: Caught in the middle
An employer that gives itself the power to pay subcontractors direct if the main contractor does not, may find itself acting as a referee between two warring parties
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CommentDoing without lawyers
More people than ever are choosing to conduct their own construction case without using a lawyer. Fine, but it calls for a more hands-on approach from the referee
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CommentBeware restrictive covenants
Restrictive covenants can deal a fatal blow to a developer’s plans. So make sure you understand what effect a convenant will have on the development before you take the plunge
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CommentO ye of little faith
A recent Court of Appeal case confirms the traditional English hostility to a general doctrine of good faith in the performance of contracts
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CommentMaking a drama out of a crisis
Buildings and contents insurance is big business. But what happens when an insurer’s contractor’s subcontractor tries to get money from homeowners? In short, a bit of a mess
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CommentGuaranteed maximum prices: Berth pangs
Francis Ho dives into the topic of guaranteed maximum price provisions and discovers how the pricing provisions for the navy’s new submarine jetty in Scotland were sunk
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CommentUncharted territory: The Jackson reforms
Lord Justice Jackson’s cost reforms, which come into force on 1 April, will create a new landscape for litigation. How will this affect construction and engineering cases?
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CommentWhat implied terms imply
The question of what terms should be implied - and what they mean when they are implied - is often at the centre of disputes, as recent cases show …
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CommentAdjudication: A 63 lever arch file problem
Doubtless you’d feel miffed to have to wade through huge files of material in just seven days so you can serve your response. But don’t expect a court judge to take pity on you
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CommentContempt of court: Jailhouse rock
Here’s a case that started out as a workaday adjudication case and ended up with one party trying to get the other banged up in prison for contempt of court
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CommentTax compliance: Anything to declare?
New government rules mean that any contractors bidding for public projects will have to disclose a 10-year tax history - and any non-compliance will need a good explanation
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CommentLitigation privilege: Open secrets
If a document comes into existence for the purpose of litigation, privilege from disclosure can be claimed. But, as a recent case shows, it may be hard to persuade the court to allow the claim
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CommentLegal brief: HS2 consultation ruling
We look at the three key messages that can be taken from Mr Justice Ouseley’s recent rulings on legal challenges to HS2
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CommentDisputes about dispute resolution
Dispute resolution processes can be written into contracts to guard high value projects. But what if the parties can’t even agree on how the process should be conducted?