Legal views – Page 76
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CommentFair payment: Get some ZZZs
Fair payment. It’s what we all want, isn’t it? The government is backing payment promises, coming soon to a contract near you
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CommentApportioning loss between a designer and a contractor
Where a designer and a contractor both contributed to a defect, the losses are normally split 20/80. But if the designer’s duties increase, so do its apportioned costs
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CommentInterim valuations: Doing the sums
Most of us think that a withholding notice is a must if an employer wants to hold back any sums due. But one judge says this only applies to sums in interim valuations
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CommentJCT contracts and the Construction Act
All standard contracts are being revised to conform with the new Construction Act, and the JCT is the first to unveil its payment terms. Here are the changes you need to know
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CommentJudges: So very PC
Judges have a reputation for being stuffy and old fashioned. But they’re actually as tech-savvy as teenagers and use their skills to speed cases through the courts
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CommentConsequential loss: Network Rail
Consequential loss following a negligent act can mean big money in compensation. Just ask Network Rail
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The Tolent clause: Making a horlicks
Last week the government gave the all clear for the new Construction Act, completely failing to listen to the industry’s concerns about the Tolent clause loophole
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CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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CommentAdjudication: Use some judgement
Too many adjudicators are out of touch and, frankly, incompetent. Now a senior judge has stepped in with a suggestion on how to improve - he wants them to be more like him
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Comment
Whiff of victory
A group of residents accused a landfill site operator of causing a ’nuisance’ with unpleasant odours, but the company’s environmental permit gave it protection
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CommentBecause I’m worth it
Contractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
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Difficult jurisdictions: Russia
Today the Bribery Act comes into force, creating a new risk of being prosecuted for offences committed abroad. With this in mind, Chris Hill focuses on the challenges of operating in Russia
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CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
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CommentArbitration: See you all in court
It’s a fact of construction that spats often occur between more than two parties on a project - and arbitration isn’t the best way of dealing with complex multi-party disputes
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Implied terms and the Privy Council
Terms and conditions are stated in a contract, right? So what about all those implied terms that don’t make it into writing? The Privy Council has a view on this …
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CommentThe liquidated damages clause: Red card
A 200-year-old law says you can’t penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness
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CommentBIM disputes are inevitable
The recent US case didn’t go to court, but eventually we will see legal spats over BIM in the UK - so how will we go about resolving them?
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Safety obligations: Common law liability
In a case concerning hearing loss among employees, the Supreme Court has come down in favour of a common law approach to safety, rather than stricter statutory law
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CommentNEC contracts: Love and understanding
NEC contracts call for mutual trust and co-operation, but what does this actually mean and how does it work in the sometimes cut-throat world of business?
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Comment
How will academies procurement work?
As school academies move away from central control they will have to procure goods and services that were previously the responsibility of the local authority