All Legal articles – Page 175
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CommentAll too human
Arbitrators, adjudicators, even judges, all have unconscious bias. You can’t change that – but you can make sure that you don’t help them to direct it against you
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CommentOffensive manoeuvres
A decision reached by an adjudicator can be overturned in court, one reached by an arbitrator cannot – unless the claimant establishes that he is incompetent
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CommentMy slip, your fall
The NEC Third Edition has been hailed as a friendly partnering contract, but one particular clause seems to tip the balance against contractors
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CommentA wardance
The ordinary way that contracts are entered into provides a natural breeding ground for disputes, as vividly demonstrated by this recent Appeal Court case
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CommentIt’s … Robo-adjudicator!
Dispute resolution is no job for have-a-go amateurs. So five chartered bodies have teamed up to turn adjudicators into contract law enforcement machines
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CommentFractal law
As with the coastline of England or the Mandlebrot Set, the closer you look at standard forms of contract, the more complexity you find. Take this example …
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News
Lords committee backs Bolkestein directive
A House of Lords report has backed the controversial European Union services directive. The construction industry had lobbied against the directive on the grounds that it threatened working conditions.The Lords’ committee on the European single market has issued a report backing the proposal, commonly known as the Bolkestein directive, which ...
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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