All Legal articles – Page 126
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NewsContractors more aware of bid rigging sanctions, says OFT
Office of Fair Trading says two thirds of firms have reacted against anti-competitive practices since fines were imposed last year
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CommentSimple game, tricky rules
Here’s a conundrum for you: What happens if part of a contract is within an adjudicator’s jurisdiction and part is outside? And if a decision is made on all of it, is it enforceable?
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Contracts in writing
Until now, a contract has had to be in writing for a dispute to be referred for adjudication…
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Defective work: Making amends
If you’re an employer cheesed off with a contractor’s work, it’s tempting to get someone else in to sort it out, then claim for the costs. Here’s why you should count to 10
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CommentAlternative medicine
How do I … avoid going to court? Litigation can leave you with a headache, not to mention a large hole in your wallet. But disputes do not have to end up in the courts, says Paul Flook
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NewsBank of Scotland abandons plan to sue over Silvertown
The bank which spent £60m and eight years working up plans for the £1.5bn development of Silvertown Quays in east London has withdrawn its threat to sue the London Development Agency over the termination of the scheme, Building understands.Two sources said Bank of Scotland, which had bankrolled developer SQL to ...
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CommentAn idiot’s guide to stupid questions
An implied term in a contract used to be defined as something that only a fool would ask about. Well, thanks to Lord Hoffman, it’s not quite that simple anymore
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CommentThe salami olympics: how to spot a fraudster
The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here’s how to spot them
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Face the facts
Part eight of the civil procedure rules is a useful tool for getting the court to make a declaration in your favour - but not if there is a dispute over what actually happened
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CommentThe foundations of a good decision
From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson
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NewsFormer Balfour Beatty employee loses unfair dismissal claim
Project manager Alan Dransfield was seeking £300,000 in lost earnings, claiming he was sacked for raising safety concerns
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NewsBAM Nuttall to repair Hochtief tunnel
Contractor to carry out £20m of work on structure that collapsed eight months after official opening
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CommentThe big law society
Ann Minogue The more disputes are settled in adjudication, the more likely it is that areas outside our industry will have a bearing on how construction law develops
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Hamish Lal: Bare realities
Hamish Lal The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today – including that the money will run out
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CommentCourt isn’t all it’s cracked up to be
The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes – so why not adopt adjudication?
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NewsCandy: Rogers was 'precious' about Chelsea design
CPC boss describes how architect refused to make changes requested by the London mayor
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Christian Candy gives evidence in Chelsea Barracks case
Counsel for CPC says Qatari Diar had "no lawful justification" for withdrawing planning application
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Rok Building vs Celtic Composting Systems
Our Fenwick Elliott expert discusses a dispute over the 'slip rule'
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Expert determination: A short cut through a swamp
Plumping for expert determination to resolve a dispute may sound like a quick, cheap, hassle-free alternative to adjudication or litigation. But it ain’t necessarily so
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All things considered
Adjudicators have it drummed into them that they should decide the dispute in the notice of adjudication. Here’s a case that shows there is some room for flexibility