Legal views – Page 91
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CommentDevil take the hindmost: A six party case
Here’s a story about a flood in an office that caused millions of pounds of damage and gave rise to a six-party legal case. The question, of course, was who was going to pay
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Buyer beware: Distressed sellers
You can take some of the worry out of buying property from a distressed seller by knowing how to manage risk. But first you need to know what those risks are
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CommentA beginners' guide to English: Compact contracts
You may think it best to make a contract as verbose as possible to ensure it misses nothing, but in reality it’s best to be brief and to the point
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CommentThe use of weapons: Throwing in brand new arguments
Sounds like a pretty basic question, but what can the assaulted party in an adjudication do in its defence? Can it, for example, throw the kitchen sink at its tormentor?
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I've started so I'll finish: Can you omit all future works?
Cunning developers who want to terminate a contractor’s employment without facing claims are altering contracts to omit all future works. Can they get away with it?
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CommentAsking for the moon: Construction Act changes
The Specialist Engineering Contractors’ Group wants payment security on demand included in the new Construction Act. It should not – and will not – become law
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CommentTranscendental mediation: A mediator's role
The talking cure for construction disputes is a fine way to settle an argument – but only if the mediator is prepared to go beyond the role of polite, ineffectual facilitator
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Settle down: The popularity of mediation
Mediation is proving ever more popular as a way of settling disputes before they get to court. And, as it saves money, parties are going willingly to the talking block
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CommentThinking caps: Employer's agents
When a QS acts as contract administrator, certifier, project manager and employer’s agent, it all ends up like a game of pass the hat. But some principles always apply
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CommentTell them a bedtime story: Public sector tendering
If you’re a public authority inviting tenders, you should treat bidders like small children, eager to learn how you will judge them – and for heaven’s sake make sure they do learn
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Burning questions: Waste disposal strategies
Paul Mansouri and Mark Berry As Costain’s £398m waste project in Manchester confirmed, muck and brass are as linked as ever. The link between muck and renewable fuel is more recent
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CommentContractors vs consultants: Rising claims
A contractor on a design-and-build job that gets duff advice and loses money may be tempted to sue whoever gave it that advice. Well, that’s easier said than done
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CommentWhat price victory? Winning back legal costs
You’ve won a legal battle so it’s only reasonable you get your costs reimbursed, isn’t it? Ah, if only it were that simple
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CommentTime and punishment: Interest on unfair debt
If you don’t pay a legitimate debt, you are liable for interest on top. That’s only fair. But what if the creditor was at fault in some way, or the invoice was wrong?
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Fancy a change? How to be an expert witness
If you’ve just been made redundant, it might be time to consider a career as an expert witness. Here are a few tips to get you started …
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CommentLet's be practical: Challenging a certificate of completion
Even when a ‘final and binding’ certificate of completion is issued, there may be room for the parties to challenge the validity of the decision
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CommentCold comfort: Paying damages to a firm in the red
It’s a chilling situation indeed to find yourself forced to pay hefty damages to a firm so far in the red that it’s positively crimson. Camden council can tell you all about it
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Farming today: The logistics of building wind farms
Developers might be keen to jump on the renewable energy bandwagon but building a wind farm has its own logistical, commercial and legal challenges
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CommentComplexity theory: Interconnected disputes
How do you deal with a whole load of connected disputes that all seem to have a knock-on effect on one another?
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Hidden wealth: How to be creative with asset-based lending
As land and property lose value, businesses looking to expand or keep afloat should be exploring the potential of raising money against other assets