Legal views – Page 67
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CommentAs the judge said to the lap dancer
Whether a site worker is self-employed or an employee is a debate that’s been bugging our industry for years. Parallels can be found in a case from a very different industry
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CommentHow to avoid going bust
The recent demise of the John Doyle Group illustrates how hard it can be for contractors to obtain payment in a recession, but there are ways to improve cashflow
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SuDs law: Sustainable drainage systems
Legislation compelling developers to build sustainable, rather than piped, drainage systems comes into force in October. Here’s how it will work
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CommentGetting an offered settlement right
Failing to incorporate all of the relevant parts of the Civil Procedure Rules into an offered settlement is just an invitation to future drawn-out disputes
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CommentSame case, two places at once
When the same case came before the TCC and an adjudicator at the same time, one party’s barrister politely asked the TCC judge to go away. Here’s what he decided to do instead
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CommentDon't waive legal privilege goodbye
Legal professional privilege can be inadvertently waived, meaning you will have to hand over potentially damaging information. Here’s how to stop that happening
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CommentProcurement: Following the fashions
As the government prepares to implement its Construction Strategy, Peter Hibberd looks back on how the world of procurement has changed over the past 50 years
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CommentSupply-only deals: Beware your own small print
Supply-only deals don’t normally go to adjudication but here’s one that did largely because neither side had a clue what the terms of the contract said
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CommentGhana: A modern legal outlook
Oil revenue, high growth and political stability are expected to generate extensive construction opportunities in Ghana. So how does the legal regime work?
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CommentHow to follow a pre-action protocol
A pre-action protocol could help resolve your dispute and avoid a costly court procedure - but it involves more than simply complying with a set of rules
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CommentLetters of intent: Use with caution
If work has to start before a full contract is in place, a letter of intent seems like a convenient solution. But beware - they can lead to all sorts of complications
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CommentWhen pay-when-certified goes wrong
Pay-when-certified is fine in theory, but it tends not to work if the date of completion is plucked from thin air
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CommentPoint West vs Mivan: Blast from the past
A dispute over who should cough up for the costs of making good defects to a penthouse hinged on a fundamental aspect of contract law: what did the contract originally intend?
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CommentAgree how to disagree
From picking the right decision makers to getting the cash, dispute resolution is a minefield - it pays to have clear provisions in place before a project even begins
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CommentNew CIOB contract: Testing terms
Is the CIOB Complex Projects Contract a bit too, well, complex? It will be interesting to hear what clients and contractors think …
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CommentChanges to bankruptcy proceedings: No credit where it's due
Some of the proposed reforms to petitioning for bankruptcy are to be welcomed but others will hit creditors at a time when they are already struggling for survival
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CommentQSs and performance bonds
A QS can go to great lengths to get a contractor to put a performance bond in place. But if the contractor won’t pay for the bond, why blame the QS when the proverbial hits the fan?
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CommentGreen issues and building contracts
Ensuring construction contracts adhere to environmental legislation is not just about saving the planet - they can help your project run smoothly and protect you, too
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CommentThe NEC and 'good faith' clauses
The New Engineering Contract’s requirement to act in a spirit of mutual trust could penalise over-zealous suppliers just as easily as slack clients
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CommentConstruction Act payment rules: Why the scheme works a dream
The Construction Act’s payment rules have baffled many a great mind - but all you have to do is follow the ‘Scheme’…