Legal views – Page 98
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CommentExclusion clauses: A chink of light
Are exclusion clauses enforceable? Hitherto, the courts have shed little light on the matter, but a recent Court of Appeal decision makes things much clearer
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CommentAre you listening?
Put four fabulous speakers in a room and get some of the country’s top adjudicators to sit down in front of them. The result is a fascinating conference we can all learn from
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CommentNEC: Smooth operator
The Olympic Delivery Authority has chosen the NEC contract in the hope that it will keep the job moving efficiently. But it will only work if it’s well enough resourced
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CommentConfidentiality in mediation: Do the decent thing
It really can’t be stressed enough that what goes on between consenting parties in a mediation is nobody’s business but theirs. If you don’t believe that, consider the following case
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CommentA sackload of trouble
Can a party to an adjudication introduce evidence that wasn’t previously disclosed if it fundamentally alters the original claim? The answer used to be no, but a recent judgment may have reversed this
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CommentSplendid isolation
Mediation is an excellent alternative to court proceedings, but these days the two forms of dispute resolution are getting mixed up. Mediation should be left to its own devices
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CommentThe land of make-believe
The building industry should sit up and take notice of the McCartney/Mills divorce settlement: there are some valuable lessons to be learned, particularly when it comes to putting your side of the story to the court
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CommentAldi vs WSP Group: Piercing the cover field
Many people automatically assume that the insurer will pay out simply because the premium has been paid when a claim is made. But there are certain grounds on which the insurer can refuse to pay
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CommentDough well spent
If writing a bad review of a pizza restaurant can land you in court, just think what writing a review of a book by a leading construction judge does to the old ticker. Luckily, it’s a fabulous book – no, really
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CommentIntroducing McPFI
A new form of PPP model is being tried out in Scotland that will affect the way projects are refinanced and how profits are distributed
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CommentCollateral warranties: Lost and found
The use of the word ‘costs’ instead of ‘losses’ in collateral warranties can cause much confusion as to what exactly is being referred to and who is liable for what
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CommentCantillon vs Urvasco: Adjudication á la carte
The case of Cantillon vs Urvasco suggests that the parties, the adjudicator and the enforcing court have a great deal of latitude when it comes to presenting arguments and judging them
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CommentSupercasinos: Manchester’s legal gamble
Manchester council says it may sue over the decision to axe the supercasino. But will it succeed? And what are the wider questions for construction?
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CommentJCT Building Management contract
The concept of the management contract has come in for a lot of flak from a lot of critics in the past but the new JCT model is certainly the best in class
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CommentReinwood vs Brown: So much for common sense
The Law Lords are having a high old time with the Construction Act – first there was Melville Dundas, now it’s Reinwood vs Brown. Both come down in favour of the employer, but will our industry understand why?
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CommentThat’s the way the money goes
Paying for materials in order to reserve them is common practice when they are in short supply. Just make sure you follow a few guidelines when doing so to avoid trouble
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CommentChop, chop
Mr Justice Jackson must wake up in a cold sweat thinking about Multiplex and Cleveland Bridge, because everytime he thinks the hydra of litigation has been slain, another two heads pop up
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CommentThe year of living dangerously
It’s been almost a year since the CDM regulations were revised. So, anything to celebrate? Over the next four pages we focus on all things health and safety – starting with three areas where the revised regs can make a difference
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CommentNo fire without smoke
When a fire occurred while an electrician was working at the site, it was easy to jump to the conclusion that he was to blame – but such thinking can easily get us into a muddle
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CommentAdjudication:The glass is half full, Rupert
Rupert Choat cited the number of cases that adjudication has thrown up, listed problems with some grey areas and concluded that the glass was half empty. Here’s the other side of the story