Legal views – Page 79
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CommentTwenty-eight day adjudication: the point and pitfalls
A little domestic case of an extended deadline outlines the point - and pitfalls - of 28-day adjudication
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Consultancy errors: 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 …
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CommentOFT reduced fines: A vindication for construction?
The Competition Appeal Tribunal described the fines as ’excessive’ but that doesn’t mean cover pricing is suddenly okay
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Building sports venues: It's only a game
Construction projects notoriously run over time, but when you are building a venue for an international sports event, time is of the essence. Here’s a few things to bear in mind
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Don't be 'wilfully blind' to finance issues
A recent example of a firm going bust shows the risks company directors take if they neglect their duty to creditors and are ’wilfully blind’ to problems their business may face
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CommentProcedure costs: Please translate
If a judge wants a specific document prior to trial that one party has never heard of, you’d expect someone to ask for clarification. Not in this, unnecessarily expensive, case
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CommentWhere's the justice?
Access to the courts is available to all, in theory. But if potential litigants are forced to mediate first, the costs become prohibitive, undermining our entire justice system
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CommentUncontrollable forces
In times of crisis, such as the recent upheaval in the Middle East, force majeure clauses in contracts come into play. So when and how do they work?
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Designing out risk
This is the first high-profile prosecution of an architect under the CDM regulations for a site death, and it shows how the onus is on designers to reduce health and safety risks
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CommentWhy TUPE ruling is bad news for purchasers of pre-pack administrations
Ruling could prove costly for buyers of companies in administration as they will now inherit employee contracts
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CommentHow can you exit your Libyan contracts?
Guidance on ’force majeure’ and the proper steps to take if you need to exit contracts
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CommentO is for ownership, P is for performance
Zone out whenever someone uses legal jargon with you? Here’s a handy bluffer’s guide with a look at ownership and performance
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Network rail shake-up: light at the end of the tunnel
Roy McNulty’s interim report on how to get value for money from the railway sector suggests that train operating companies are set to be turned into quasi developers
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CommentMichael Gove: The bad boy in school
The education secretary got his knuckles rapped for bad-temperedly tearing up the BSF rule book. But it won’t stop him getting his way
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CommentBack to basics with professional indemnity claims
There may be any number of clever ways to reduce the risk of professional indemnity claims. But why not start with the simplest?
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CommentIf you want my advice …
A couple of part-time developers were relying on their QS’ advice. The trouble is, he didn’t advise them about a specification error that made the project turn a loss
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Common mistakes in… lump sum contracts
The latest in a series of dos and don’ts on major projects highlights the provisions in a lump sum contract that mean the price offered by the contractor is far from fixed
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CommentOnce upon a time
The law determining whether there should be an extension of time when both employer and contractor are to blame for a delay in construction, is in disarray
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CommentWhat the High Court victory means for BSF
Six local authorities won a partial victory against the government’s decision to scrap BSF. What happens next?
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CommentA guide to zero-tolerance in the workplace
Laing O’Rourke is not the only employer to take a tough stance on IT misuse, but how far can employers go and how can they ensure staff are treated fairly?