Legal views – Page 61
-
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?
-
CommentIdentifying owner occupiers
The part of Section 106 of the Construction Act designed to safeguard residential occupiers is only applicable if they can prove they intend to move into the property as their residence
-
CommentZennestrom's house
Here is a recent judgment that highlights the proper application of the 1972 Defective Premises Act, in a charming Bauhaus setting with a marina view
-
CommentSacred and profane
Tony Bingham’s surprise at the decision in Acardis vs May Baker missed the point. Far from a clash between ‘high church’ and ‘secular’, it represented a victory for common sense
-
CommentRecognising the principle of good faith
English law does not recognise the principle of good faith in contracts but now a High Court judge has said it’s about time that it does
-
CommentLegal brief: Victory for landlords … but at a price
The Supreme Court overturned a Court of Appeal judgment on residential service charges yesterday in the case of Daejan Investments vs Benson
-
CommentVacant possession: Occupied territory
Redeveloping a property can become difficult if there are tenants involved. We examine the issues that landlords should be aware of before trying to start work
-
CommentRetention: DIY for law makers
Patton Group is just the latest contractor to collapse while owing millions of pounds in retentions. How hard could it possibly be for our MPs to build a ring-fence for these funds?
-
CommentHere’s one I made earlier
If a project involves two separate but related disputes, is it fair for one of the parties to send the second adjudicator the first one’s decision?
-
CommentLegal brief: Resident or non-resident?
Westfields Construction Limited vs Clive Lewis shows at what point the Court should assess whether or not a defendant occupies a property
-
CommentHome-office reshuffle
The communities secretary’s proposal to relax planning rules around the conversion of office buildings into homes could have a number of implications for local infrastructure
-
CommentEmployment law: The modern apprentice
There is new legislation designed to boost support among potential employers for apprenticeships. We look at how this affects apprentices’ employment status
-
CommentDelays: A likely story
Deciding whether a party causing a delay was responsible for the fall in the market value of a property boiled down to whether that loss was ‘not unlikely’
-
CommentNasty, brutish and short
A sad tale of what began as a house extension but ended up involving fraud, personal liability and a murder charge
-
CommentReducing an adjudicator's award
If an adjudicator tells you to pay up, can you issue a withholding notice and demand a big cheque instead? Tony Bingham examines a recent judgment
-
CommentProcurement: Old ways are the best
Two surveys on construction procurement show that although the traditional and design and build routes are still favoured, there’s plenty of scope for refinement
-
CommentIChemE contracts: All part of the process
The IChemE contracts covering procurement for chemical process plants have had their first update in years, bringing some important modifications
-
CommentAdjudication: The Jitter Bug
Can the loser of an adjudication refuse to pay if they’re nervous the money may disappear – never to be seen again – into the winner’s debt pile?
-
CommentA lawyer’s privilege
Only legal advice given by a lawyer is exempt from disclosure requirements, according to the Supreme Court. But parliament will need to make a final decision
-
CommentPower projects: Dealing with defects
How and when defects in power projects are corrected depends much on the exact terms of the contract