Legal views – Page 83
-
Comment
Enforcing liquidated damages: A shade of grey
A recent case involving a breach of contract has put into doubt the black and white principles behind enforcing liquidated damages
-
CommentA decade on from PPC2000: Carry on partnering
A decade after it was written, a review of PPC2000 shows that it really does pay to partner, no matter how chilly the economic weather is becoming
-
CommentBad form: RIBA standard form
The RIBA’s standard conditions contain a few things for clients to worry about, the main one being that they have to pay their architect even if they forget to put a door in
-
Comment
Bring back arbitration
Before we made the big mistake of demoting it, arbitration used to be the main place for dispute resolution. Soon parliament will have the chance to make amends …
-
CommentAdvising traditional procurement: Have I really been negligent?
Solicitors can explain legal issues and draft and negotiate contracts relating to procurement, but they don’t choose which route to take - that is the client’s decision
-
Comment
Free schools explained: Is that a free-for-all ahead?
Controversial they may be, but free schools remain central to the government’s education vision. Private sector contractors will need to keep their eye on the chance
-
CommentChange of control clauses: Keep a grip with sharp clause
What happens if the company you’re happily in contract with gets bought by another outfit? Well, that depends on the small print in your contract…
-
Comment
The tragic case of a 15-year-old killed on site
Here’s a tragic case of a young man who was killed when a wall collapsed on him. His gaffer was a man of good character who didn’t mean anyone any harm. He got three years
-
Comment
Rush to judgment: Southern Insulation vs How Engineering
Southern Insulation was facing a complex multiparty action. To avoid dragging it out over the August recess it applied for a quick decision. This is what happened next…
-
Comment
Advance payment bonds: Another bond story
On-demand bonds to protect advance payments are a really good idea, but a recent case shows that you have to give the courts as little room for interpretation as possible
-
Comment
Feeling a little short changed? Plasterers and the CITB
Plasterers are sick of paying a training levy that really goes on jobs at the CITB. Who can blame them? We should be levying plasterboard makers at a fraction of the cost
-
CommentYou’ve been warned: the dangers of advising traditional procurement
Traditional procurement methods are so needlessly wasteful that a consultant or solicitor who advises a client to adopt them may be guilty of negligence
-
Comment
Getting to know all about you: ICE vs NEC3
Some contractors are upset that their old friend ICE conditions of contract has been dumped. But once they get to know the NEC, they’ll have their new buddy on speed dial
-
Comment
One village bypass we don’t need: Community right to build
Exempting rural community-led developments from the planning system could have unintended and undesirable consequences
-
Comment
How green are our valleys: Building Regs in Wales
At the end of next year, the Welsh government will be responsible for building regulations in the principality - and it’s determined to make them as tough as possible
-
CommentWhat can be saved from Connaught's collapse?
Options for salvaging contracts with the failed social housing firm
-
CommentClients transferring risk: The bullies are back
The abuses and macho posturing we got from clients’ advisers in the nineties have returned - but given their attitude to risk, aren’t they the real wimps?
-
Comment
Common mistakes in... agreeing final accounts
Berwin Leighton Paisner’s new series on “Dos and Don’ts” offers practical advice on navigating the major projects’ minefield, beginning with Catherine Barstow’s advice on organising your work so that you’re ready for the final account
-
Comment
Prompt payment: The other credit crunch
The government is making it a rule that all firms on public sector contracts be paid promptly, all the way down the supply chain. Which will come as a bit of a shock to some
-
CommentBSF exclusivity agreements: More punishment to come
Companies whose schemes escaped the Building Schools for the Future cull should not bank on their exclusivity arrangements continuing unscathed