Legal views – Page 77
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CommentArbitration is best for neighbourly disputes
Neighbours. Love ’em or hate ’em, surely it makes sense to take a dispute to arbitration rather than spend thousands thrashing it out in the courts?
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CommentScottish arbitration: Join the rebellion
There’s a movement afoot in Scottish arbitration, and the mood is spreading south of the border. The demands are simple: total arbitration revolution
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Client feedback: Let me explain (at length)
Client feedback helps people grow as professionals and is a mandatory part of the tendering process on public sector contracts. But how much is enough?
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CommentGet your excess clauses out
Though the customer may not always be right, it can too often be blamed for waste. In fact, it’s frequently a contractor’s excess clauses that cost the client cash
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CommentCivil Litigation Costs: Sousa vs London borough of Waltham Forest council
Until legislation is passed to alter the situation, local authorities can be stung by 100% success fees when claims are made against them
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CommentAdjudication: The good book
We’ve had 475 judgments since adjudication first came in and it’s a very different beast today. So the second edition of Peter Coulson’s tome on the subject is a must-read
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CommentThe last judgment
Today’s lesson comes from the book of Ecclesiastical and wrestles with questions of choice, free will, causation - and whether it’s OK to tell the odd porkie
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Common mistakes in…choosing a mediator
The latest in our dos and don’ts series looks at how best to choose a mediator
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CommentIt’ll all come out in the wash
Ever since the Proceeds of Crime Act came into effect, construction has feared unwittingly getting caught up in money laundering. But recent cases should make us worry less
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CommentQ is for quantum, R is for repudiation
Don’t like the terms of a contract? Michael Conroy Harris continues our jargon-busting series and explains how you can repudiate it or make a quantum claim
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CommentWhat’s the returns policy?
If you refer a case for adjudication but don’t like the look of the appointed adjudicator, can you send him packing and ask for another one?
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PFIs: Do your paperwork
A PFI acceptance certificate is a crucial document but you need to know how it differs from an acceptance certificate issued on a traditional construction project
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CommentWorking 9 to 5: The Agency Workers Regulations 2010
The Agency Workers Regulations 2010 come into effect in October this year, improving working conditions for temporary workers. So what does this mean for you?
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CommentNovation: Let's innovate
A client novates its design team in order to offload risk to the contractor, but in doing so it also loses access to consultants who can offer vital advice. So what’s the alternative?
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CommentThe new Construction Act: The daft draft
A lot of people say a clause in the new Construction Act approves the pre-dispute allocation of legal costs - the opposite of what was intended. Let’s get it sorted
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Unhealthy competition: Commercial property agreements and the Competition Act
New restrictions for the property market came into play last month meaning that housebuilders, developers and even owners will have to watch out
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CommentTeCSA rules! OK?
With a new Construction Act on the way, adjudicators are going to have to up their game. Luckily, one nominating body has updated its rules in anticipation
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The Defective Premises Act: What hole?
Hole? What hole? Ben Worthington, who acted for the project manager on Jenson vs Faux, discussed by Tony Bingham, says the Defective Premises Act has been properly restricted to new dwellings
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CommentThe Defective Premises Act: The hole truth
The lovely new home you just bought is covered by the Defective Premises Act if it’s a new dwelling. But if it’s a massive refurb job, you might find yourself in need of a spade
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CommentDamn the expense
The relationship between housebuilders and the NHBC generally works well. But sometimes the home warranty provider can be a bit gung-ho - and go way over the top on costs