Legal views – Page 72
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CommentThe legal view: 2011
Not all of this year’s cuts were bad but not all of the government’s actions were positive either. Here’s a round-up of 2011’s legal developments …
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CommentSuspending works for non-payment: What's changed?
The right to suspend works for non-payment has been dramatically broadened and it could have a big impact on relations between main contractors and their subbies
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CommentContracts and business common sense
The problem with common sense is that it’s not that common. At least now the Supreme Court has affirmed that you can use it if a contract is drafted in an ambiguous way
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CommentDispute boards should decide, not recommend
Americans like dispute boards to recommend not make binding decisions, but over here we like a bit more certainty
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The ghosts of Libya: The legal landscape
If you have a business interest in Libya, you’ll be on the edge of your seat wanting to know how the new legal landscape is shaping up there
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CommentJCT consultation: Life cycle considerations
Should life cycle considerations be built into building contracts and project planning? The JCT is launching an industry consultation with this in mind, so start thinking
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CommentRainy Sky vs Kookmin Bank: Common sense prevails
Be reassured that commercial agreements you make will be upheld in a common sense way by the courts, as demonstrated by the Supreme Court’s recent decision on this case
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CommentCarillion vs Smith: Don't take part if you don't agree
If you don’t think an adjudication should take place, don’t just go ahead with it - either press pause or get out altogether
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CommentCarillion vs Smith: Adjudicating the same dispute
The principle that the same dispute cannot go to adjudication twice has just been upheld in the court, making it clear that simply repackaging the issues is not acceptable
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CommentDeeds: Signed, sealed, delivered
Deeds hark back to the time of Dickens and used to be delivered by hand. But how do they work in the 21st century? A recent case reveals the answer
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CommentA quick guide to starting an adjudication
If you decide you need to start an adjudication, how should you go about it? This quick guide helps you through
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CommentProtection against insolvency: Cash back
Construction has a poor reputation when it comes to protecting itself against insolvency risk. So here are some tips on how to stay on top of cashflow
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CommentThe CITB levy: The great escape
One firm used a trick to try to escape the CITB levy but in the end it was the training board that got itself out of a jam
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Dos and don'ts: Settling a dispute
The last installment in our dos and don’ts series helps you avoid the pitfalls when settling a dispute and shows you how to recover your money in full
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CommentAdjudication: More than the final whistle
If an adjudicator fails to decide who owes who what money, you’ll still have to pay up for all the refereeing they’ve done
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CommentMediation: When's the best time?
At any stage in a dispute there are reasons to reject mediation, but, says John Redmond, that doesn’t mean you should
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Disclosure of Incentives Forms: A help or a hindrance?
From October new rules require housebuilders to make lenders aware of incentives offered to buyers - the idea is to ensure a mortgage offer is based on a true valuation of a property
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CommentA quick guide to adjudication
A quick guide to what adjudication is, what types of dispute it is used for and what to do if you receive a notice of adjudication
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CommentContractor insolvency: Terminating a contract on a project
How does the new Construction Act come into play in the worst case scenario when you’re terminating a contract?
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CommentPersonal liability when a company owes money
Being a limited liability company doesn’t stop directors being held responsible if creditors are owed money