Legal views – Page 78
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Up, up and away
In tough times, adjudication is increasingly seen as too costly. An escalation dispute procedure offers a quick, cheap alternative that preserves the business relationship
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Going for broke
Adjudication can help companies’ cashflow, but what happens in cases of insolvency when there is no cash to flow?
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No more privileges
The Supreme Court has stripped expert witnesses of their immunity from prosecution. But could the fear of being sued make them less likely to admit their mistakes?
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CommentIf the cap fits
A couple who tried to cap the costs in an oral ’cost plus’ contract have received short shrift from the Court of Appeal. Here’s why …
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Hold it right there
A recent case shows that fraud is not the only ground upon which a call on an on-demand performance bond can be restrained by an injunction
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CommentContract advice: clauses that risk unravelling your claim
Certain combinations of clauses may have profound consequences for the unsuspecting contractor or subcontractor if the terms are not strictly complied with
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CommentSmall domestic disputes often get out of hand
A small domestic building dispute begins with a niggle and ends up like the gunfight at the OK Corral – but costing thousands of pounds. The pity is, it’s all so unnecessary
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CommentBuilding contracts: Setting the standard
The Joint Contracts Tribunal has provided building contracts for 80 years. Today, the challenge is to respond to a changing industry – but keep costs low
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CommentDemolition: Hold off on that wrecking ball
A heritage group has won a major legal battle regarding controls over demolition. It means nearly all demolition now needs planning permission
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CommentDos and Don'ts: Interface issues
In the latest in our series on dos and don’ts, we look at interface issues - what they are and how to manage them when they arise
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CommentPrepared for the competition?
It’s possibly the most significant change in property law for decades – from this month, commercial property transactions become subject to competition law
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CommentSuspend reality
Make sure you’re clear on the terms of a contract before suspending for non-payment. If you get it wrong, you could end up being burned
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CommentHow the OFT went OTT
The penalties dished out by the OFT over cover pricing did more harm than the offence they sought to punish. Now the fines have been reduced by 90% and it’s time to move on
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About the size of it
Small firm Cotswold Geotechnical was fined 115% of its annual turnover under the Corporate Manslaughter Act. But will larger organisations suffer a similar fate?
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CommentA day in the life of a TCC judge
Mr Justice Akenhead: If you’re one of those who think the life of a judge is one of leisure punctuated by the odd judgment, think again. We don’t even have time to practise our golf strokes
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CommentRetention cash: make me honest – but not yet
Almost everyone agrees that we should get rid of the practice of withholding retention cash. Even main contractors would be willing - if it wasn’t such a nice little earner
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Professional indemnity insurance: don't skimp
Professional indemnity insurance isn’t required by law, so how important can it be? Very – and remember, cutting back in this area can end in tears if things go wrong
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CommentHow clients can protect themselves from contractors that underbid
A legal view on tightening up contract terms and using two-stage procurement to route out unrealistically low bids
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CommentQuantum issues
When defects emerge after work is complete the immediate concern is rectifying them. But how you do that will affect the quantum issues in court and how much you recover
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It wasn’t me
If you don’t know how to do something you call in a specialist, right? Well, if you’re a consultant on a construction project, beware. Here’s a few tips to keep in mind …