All Legal articles – Page 174
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CommentA six-year stretch
By the time that Henry Boot vs Alstom reached the Court of Appeal, £60m was hanging on the definition of when the clock starts ticking on the six-year rule …
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CommentThe death penalty
In its next session, parliament will decide if the Corporate Manslaughter Bill becomes law. Some of its proposals should be amended before that happens …
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CommentGo ask Alice
How can you miss a deadline if you’re a day early? Very easily, if you’re in the Wonderland world of the law, where words mean just what the contract says they do
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Comment
Watch the skies
Under a proposed EU directive, construction employers could face hefty claims from outdoor workers if they fail to protect them from the effects of the sun
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CommentWhose side are you on?
It’s taken 20 years to decide whether the project manager under the NEC contract has a duty to be unbiased. Now, thanks to Mr Justice Jackson, we know
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CommentAsking for it
If you lose an adjudication to an opponent in poor financial health, can you decline to pay up? Happily, the courts have just laid down clear rules on this
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Comment
Can I have some more?
Many PFI contracts are about to reach their first price review, when the contractor can apply for more money. This is likely to lead to some old friends falling out
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CommentWriggle room
A developer tried three arguments to get round an adjudicator’s order to pay its contractor £170k. This is what the court said about them
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CommentCheck it out
The revamped JCT suite of contracts has finally begun to arrive. So what’s changed, what’s stayed the same – and what do you have to look out for?
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CommentThe big squeeze
When the Bechtel boss told his people to do everything they could to disallow contractors’ costs, the contractors went to court. But was this the right move?
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CommentIdeal for multiple injuries
It’s hard to introduce a new defence in the middle of a trial, but in adjudication – being a quick first-aid for two parties in a punch-up – it’s the very opposite
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CommentIt’s down to the developer
A half-baked rethink of the law is unlikely to increase project safety. Placing the burden of responsibility at clients’ doorsteps is a much more effective solution
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CommentWorse than useless
The BPF’s consultancy agreement is a fine example of a one-sided contract that dumps extra work and unlimited risk on any consultant foolish enough to sign it
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CommentFun, frolics and forms
The JCT has revamped and extended its range of standard contracts. If you can get past the swanky yellow covers, you’ll find all kinds of interesting changes inside
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CommentBang out of order
When a dodgy builder was jailed for fleecing customers, he got an ASBO into the bargain. What the dastardly felon also got was a dose of rough justice
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CommentYou know it makes sense
The British Property Federation has produced one short, simple and fair consultancy agreement for every profession. What do you think its reception will be?
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News
Clients and consultants go to war over project liability
Gulf between two has been exposed by publication of contract drawn up by the British Property Federation
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CommentToo much to ask for?
Be warned: there’s an extremely architect-friendly clause hidden in RIBA SFA/99. So friendly, and so hidden, that it has been ruled ‘unusual and onerous’
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Comment
Welcome to castle Bolkestein
The proposed European Union services directive, or Bolkestein’s monster, as it’s known, could produce a playing field with so many bumps that standards suffer