Legal views – Page 80
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House rules
Consultants are at a greater risk of being sued in the downturn, but if you follow these basic rules, you can mitigate a potential claim
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CommentRobinson vs PE Jones: Duty in tort
A quirk in the law of limitation means a claim for economic loss under a contract has a different time limit from the same claim brought in tort
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CommentJust cause and impediment
Your subcontractor just isn’t up to scratch, so you fire him and hire someone else – but in doing so you stand accused of repudiating the contract. So what are your options?
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CommentPromises, promises
Indemnities should oblige another party to take responsibility for your loss, but not if the wording gives them room to wriggle out of paying up
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CommentFace the music
Passing the liability parcel is a favourite party game, but a judgment in the TCC shows how important it is to get the contract right
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CommentHow to stay out of hell
If we treated design as a risk management issue, we’d probably save ourselves vast amounts of time and money sorting out the mess at the construction phase
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Comment
Love thy neighbour
The Scottish planning system encourages inclusivity and good relationships between developers and communities. Now, that approach will be backed up by law
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CommentHow losers win
It truly is a topsy turvy world when some companies manage to profit from failing to win a bid for a contract. But that’s European regulations for you …
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CommentCan we be of any assistance?
Like it or not, lawyers are tending to intrude into the adjudication process. Perhaps the industry should stop resisting and treat them as a guiding hand
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Comment
Common mistakes in ... tiered dispute resolution clauses
The fourth in a series on dos and don’ts on major projects discusses tiered dispute resolution clauses, which can save you time, money and paper hankies
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CommentComing back for seconds
A first adjudicator’s decisions are a no-go area for a second adjudicator. But it’s open season on the bits that didn’t actually decide the dispute
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THE NAME’S BOND
Bonds are a crucial part of contractual relationships, but do you know your on-demand bond from your conditional bond? A recent case should help you
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CommentWinning on penalties
You may have agreed a sum for breach of contract, but there’s an old common-law doctrine that could see it struck down as a penalty. Fortunately this does not happen often, says Tim Elliott
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CommentThis is never going to work
Retention funds waste everybody’s time and achieve nothing of value. Here’s a case that shows, yet again, why we should ditch them
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CommentIt's PFI, Jim, but not as we know it
Reports of the death of PFI are exaggerated, but the funding model is going to have to change to reflect a time of public sector austerity
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CommentHow to claim compensation for the snow
If the recent snow has caused disruption to a construction project you can make a claim, but you need to know how the various contract forms work first …
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CommentSlippery slopes: Honesty when compiling accounts
Have you ever been tempted to tweak the books a bit? Don’t. Read this cautionary tale aboout a developer who felt hard done by when his houses slid down the hill
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Too much information
Freedom of information legislation can expose firms contracting with public bodies to commercial disadvantage. A recent appeal court ruling recognises this
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CommentCan lawyers change their spots?
In 2011 lawyers are going to have to adapt to win work, whether by rebranding themselves, becoming mediation advisers or by moving in with the client…