All Legal articles – Page 23
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Comment2018 in legal - the year of the agreement
While one particular agreement dominated this year’s headlines, there was plenty on offer from other agreements
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CommentLegal: From Russia without love
International construction arbitration practitioners often stress the positives of arbitration: using the so-called “five Es” of efficiency, expedition, expertise, evenhandedness and enforceability. The Russian Supreme Court has placed enforceability in serious doubt by holding that a standard form ICC arbitration clause is unenforceable under Russian law because there was ...
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CommentCase in focus: Adjudication
Ted Lowery on declaratory proceedings arising out of a PFI contract
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CommentI’m a contractor... get me out of here!
Tony Bingham cheers the appeal court judges who have hacked away 20 years growth of confusion around payment notices
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CommentPFI: The ghost of contracts past
PFI contracts were meant to rebalance risk more fairly but didn’t – and we haven’t seen the last of the disputes over them yet
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CommentImmigration after Brexit - what do you need to know?
Vikki Wiberg considers changes to foreign worker citizenship rules and how they affect construction
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CommentSlavery – construction needs to clean up its act
Current modern slavery laws fail to do enough to interrogate supply chain details, writes Francis Ho
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CommentLegal: The scariness of vicariousness
The courts have held an employer liable for a rogue data breach by an employee – although the company broke no rules. James Bessey explains why
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CommentLegal: Cost conscious
Steven Carey looks at how third-party funding and ATE insurance can help lighten the financial burden of litigation
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CommentPay first, adjudicate later: what an Appeal Court ruling means for the payment notice regime
Theresa Mohammed and Stephanie Geesink of Trowers Hamlins explain an important ruling on the payment notice regime
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CommentLegal: In fear of favour
Tony Bingham pities an earnest expert witness who got the sharp end of the judge’s tongue for apparent bias – despite his good intentions
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CommentA country manor house conspiracy
Shenanigans by two brothers fixing up a fancy house highlights the risks of working for undercapitalised companies
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CommentIn praise of mediation
Mediation is too often overlooked as a cost-effective method of dispute resolution
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CommentUnravelling the intent
What happens if parties have created a contract as a result of an exchange of emails, but they have polar opposite views concerning the scope of works?
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CommentIs the ICC target cost contract ready to compete with NEC?
Ian Yule explains the recently released ICC target cost contract and weighs it against its main rival as an engineering contract, the NEC
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CommentGet it in writing before work starts
Failing to execute a formal contract risks severe exposure in the face of a defects claim, warns Christopher Filor
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NewsArcadis wins court decision against Amec claim that could have cost it millions
Landmark ruling caps consultant’s liabilities on 17-year-old problem jobs at £610,000
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CommentLegal: How to offset the risks of offsite
In the seventh part of our series on new technology, Maeve Gantley explains how offsite manufacturing brings specific risks that need to be covered by the contract
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CommentLegal: a matter of principle
Lindy Patterson on how even if the employer is partly responsible for a delay in completion, the contractor may be liable for liquidated damages