Legal views – Page 84
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CommentWhat’s so great about the TCC?
The principal arena for construction dispute settlement has become a major force in the English legal system
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New Construction Act: Got a pen and paper handy?
A party can wriggle out of adjudication today by claiming there is no contract in writing. But once the new Construction Act comes into force, that excuse will no longer run
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To the letter
Giving notice need to ensure they comply precisely with contract requirements in extension of time or loss and expense clauses
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Insurance issues for fit-outs
If a tenant that occupies one floor of an office block wants to have a fit-out done, who insures the rest of the building against, for example, fire and flood?
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CommentIn absentia: Jean Shaw vs James Scott Builders
This case is all about missing persons, missing contracts, missing drawings and missing deadlines. So no surprise when eventually it all turned around a missing email
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CommentDefine ‘late’: City Inn vs Shepherd
The case of City Inn vs Shepherd has already created debate over how delays should be treated. It also has much to say about JCT80’s treatment of when instructions are due
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Accidents will happen … in adjudication
After getting on for 500 enforcements, one thing is clear: an adjudicator is expected to make mistakes. But that is the fault of the system - and it’s outweighed by its benefits
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Prepare yourself for a shock: D&O insurance for corporate manslaughter
The Corporate Manslaughter Act puts company executives in the firing line for breaches of health and safety, so it’s wise to get some protection
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CommentRIBA conditions of appointment: A return to a simpler time
The RIBA’s latest conditions of appointment aren’t perfect, but they’ve swept away many of the onerous obligations in the 2007 edition
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City Inn vs Shepherd: How much sand is a snowstorm worth?
Let’s delve deeper into City Inn vs Shepherd. At first glance, it looks like the three appeal judges came to different conclusions on relevant events. Look again …
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CommentPFI can’t take sting out of cuts
Public sector clients tempted to reintroduce cancelled projects as variations to existing PFIs may be breaking the rules
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Set-off on the right foot
The law governing situations where two parties owe each other money is murky. But a recent Court of Appeal case sheds some useful light
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City Inn vs Shepherd: Have you seen the contractor’s behind?
If a storm and a contractor both delay a project, is the contractor eligible for an extension? This ancient problem has just had another going over in the Scottish Court of Appeal
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Traditional Structures Limited v HW Construction: Rectifying a unilateral mistake
A subcontractor loses out by mistakenly omitting the cost of cladding in a tender. What does the judge decide?
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CommentHow to force clients to pay more quickly
A quarter of contractors wait over 60 days for payment from clients. Here are the legal routes to prompter payments
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CommentLLPs: You’re not bullet proof
Don’t be fooled by the apparent protection offered by a limited liability partnership - you could still find the family home is at risk if the LLP goes under
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CommentRelationship problems
If an adjudicator has a prior connection with one of the advocates arguing a case, does that constitute ’apparent bias’? Here’s what the court had to say …
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Asbestos: The struggle continues
Companies may think they’re already doing their bit to stay on top of asbestos risks but guidance from the HSE spells out the true seriousness of their responsibilities
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CommentDealing shares in your own firm? These are the rules
Not surprisingly there are some very strict rules for senior managers dealing shares in their own companies
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CommentCollateral damage: Liability under collateral warranties
Leaseholders or buyers of buildings should be able to pre-empt arguments from contractors to escape liability under collateral warranties