All Legal articles – Page 165
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CommentIan McGlinn vs everybody else
You build your multimillion-pound dream home, but there are some defects. So you leave it empty for five years, then tear it down and sue everyone in sight, apart from the builder, which has gone bust. Do you win?
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NewsNew CDM regulations come into force
Industry responds to the introduction of the Construction (Design and Management) Regulations
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CommentFouled by your own side
If you hire somebody to do something, then prevent them doing it, then you can’t sue them for breach of contract. Let’s see how this fundamental rule applies to Wembley
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NewsDeveloper sues MJ Gleeson over Sheffield landmark
Devonshire Green Holdings claims refund and damages totalling £9.2m for work on West One
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NewsLet me tell you how it will be … CIS is finally brought in
Long-delayed changes to tax system will place onus on contractors to check firms’ work status
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NewsKing's Cross scheme taken to High Court
Judicial review set for May as opponents of £2bn scheme attempt to reduce its size and protect Victorian buildings
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CommentThe man in black
People sometimes get the idea that adjudicators are a bit like referees on the rugby pitch. Actually, that’s the job of the parties. The adjudicator is more like the scoreboard
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CommentGetting arise out of a challenge
An arbitration case might offer a way forward for the courts when asked to decide whether ‘arising under’ or ‘in connection with’ best applies to a jurisdiction challenge under the Construction Act
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NewsOFT uncovers £3bn of rigged construction bids
Fifty seven offices were raided during two-year investigation into construction cartels
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CommentIt’s quiet – but is it too quiet?
It’s odd, says Steven Williams, but even though PFI schemes are invariably complicated and expensive, few seem to end up in court. So why is that? And how long will it last?
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CommentPulling a fast one
Tony Bingham A court in Scotland was asked to give summary judgment against a builder. The judge refused because he said it was too soon to make a binding decision. What would the adjudicator have done?
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CommentIf at first you don’t succeed ...
A lot of firms seem to think that if they lose an adjudication, they can try again with a different adjudicator. Ah, but what happens when they finally win and the other side won’t pay?
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News
Orange sues contractors
Mobile phone company Orange is suing contractors Kier Regional and Haden Young after a flood in one of its data centres.
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News
Ascot rules out legal action against Laing O’Rourke
Ascot racecourse this week ruled out legal action against Laing O’Rourke over problems with its £185m grandstand refurbishment.
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NewsDispute hits Bovis in Leeds
Bovis and Exterior Profiles argue over troubled Bridgewater Place project
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CommentKeep it together
Judges often have to ‘unwind’ adjudicators’ decisions to rule on them. When they do, they must consider the whole decision, not just the bit one side wants them to, as this Scottish case shows
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CommentLet there be more darkness
Milestone though it was, the EU’s Sustainable Energy Week showed that we are still not doing simple things to cut carbon emissions – like turning lights off.
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CommentBoth ends against the middle
Tony Bingham Is it the dispute decider’s job to pick one of the warring parties’ positions and declare it the right one? Or can they come up with a solution that neither party argued for?
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CommentA modest proposal
Tony Bingham Rather than trying to sort out disputes when they occur, wouldn’t it be easier to just write clear and fair contracts so that rows don’t occur in the first place?