Legal views – Page 63
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CommentWhy an adjudicator can't change his mind
An adjudicator decides a dispute but on a second adjudication changes his mind and reverses his earlier decision. Only human, you might think - but totally against the rules
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CommentMediation is for consenting adults
You can’t bully people into mediation. Both parties must have a genuine desire to settle the dispute. And that’s one of the reasons why, in construction, it has never really taken off
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CommentLaughing all the way to the Green Investment Bank
The UK’s Green Investment Bank, launched this week, will invest in green projects that might otherwise have bitten the dust. It should bring some cheer to construction
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CommentReasonable endeavours: So very obliged
How far does a party need to go to show it has used its best endeavours to do something - not, surely, to the point of ruining itself?
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CommentThe last word in adjudication
How many submissions should each party be allowed in an adjudication - and which side should be given the final say? It depends which rules of natural justice you follow
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CommentPC Harrington vs Systech: Fair game
Disputants and learned judges please note: adjudication is a rough and ready process that isn’t always fair. That might seem tough but it’s just what parliament intended
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CommentPC Harrington vs Systech: Something for nothing?
The potential consequences of the PC Harrington vs Systech International judgment
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CommentTanzania – Birth of a gas giant?
Opportunities fired by natural gas could make Tanzania an attractive prospect for business – but what are the key considerations for working there?
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CommentPC Harrington vs Systech: Wrong call
Even if the decision an adjudicator reaches is unenforceable, they should still get paid. But that’s just my opinion. The Court of Appeal clearly thinks differently …
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CommentDispute resolution: Ask an expert
Involving an expert in dispute resolution can help your case - but make sure that they are experienced, a good communicator and can offer independent advice in the eyes of the court
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CommentB: Bouygues vs Dahl-Jenson
A-Z of key construction law cases: An early adjudication case that shows that even when an adjudicator gets things wrong, their decision can still be upheld by the courts
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CommentLimited liability: Even limits have their limits
Contract terms that seek to limit liability have to be able to pass a test of reasonableness – and not only where they are part of standard terms
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CommentInsolvency protection: Reform or bust
With construction companies dropping like flies, what lessons can the UK learn from an Australian inquiry into insolvency protection?
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CommentHow to manage the risks of using a letter of intent
Sometimes using a letter of intent is unavoidable, but there are ways of managing the risks involved that should keep parties out of trouble before a contract is signed
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CommentLitigation: Shedding the pounds
An alternative to litigation for a fraction of the price - bad news only for lawyers
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CommentKazakhstan: the regulations, the permits and the laws
Kazakhstan is the ninth largest country in the world with huge economic potential, but how easy is it doing business there?
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CommentIndia: The Supreme Court puts out the welcome mat
India should be even more attractive to foreign investors, now that a recent case has decided that Indian courts cannot interfere in foreign arbitration awards
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CommentStandard form contracts: What the papers say
Time was there were just two standard form contracts – now there are umpteen of them. It makes no difference because they all get amended beyond recognition
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CommentConstruction Act: One year on
It is one year since the amended Construction Act came into effect - a landmark that has gone almost unnoticed. This might be because the amendments have had such little impact
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CommentFITs: Happy Anniversary, Mr Barker
A year after the energy minister slashed the feed-in tariff for solar power the legal ramifications are still emerging, with the latest challenge coming in the form of a class action