All Legal articles – Page 31
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CommentNo newts is good newts
Finding great crested newts on site can cause delays. But plans to streamline the process must play out in the context of changes (or not) to environmental legislation post-Brexit
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CommentInfrastructure: What’s in a name?
‘Infrastructure’ is the word on everyone’s lips at the moment, but how do you define it for contract purposes? For the most part, it might be best not to
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CommentLessons to be learnt
PPP agreements have been successful in getting public facilities built but there must be controls so that flaws - like the ones that caused a brick wall to collapse in an Edinburgh school - are prevented
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CommentPromise to be good
Recent years have seen the use of ‘good faith’ provisions in construction contracts. But what does an expression of good faith mean in practice?
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NewsCountryside admits it sold houses with ‘doubling’ clauses
News comes after Taylor Wimpey’s £130m writedown related to controversial leasehold contracts
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Comment
Case in focus: Procedural fairness
Had interventions by the judge during the evidence made a fair trial impossible? Ted Lowery considers a recent Court of Appeal case
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CommentCyber security: Be prepared if you don't WannaCry
The events of last Friday and the weekend have shown that cryptoware can wreak havoc. Ensuring that staff are properly trained is crucial
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CommentIf the advice isn’t right
Construction professionals often give advice on the best course of action in a construction project. However, if such advice is wrong, for what losses could the consultant be liable?
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Comment3D printing: Another dimension
3D printing is set to play an ever more important role in the construction process but, with this new technology, new legal safeguards will be needed
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CommentLessons from the Garden Bridge fiasco
The odds were stacked against a bridge that offered little practical or economic benefit, but failing to secure adequate funding was its ultimate downfall
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CommentHateful eight
A recent TCC judgment provides commentary on the practice of commencing Part 8 proceedings to undermine adjudicators’ decisions
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CommentPayless notices: Don’t take any chances
A string of High Court cases have underlined the importance of issuing payless notices correctly
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CommentReporting payment practices: Line of duty
Regulations have come into effect to make large firms report on their payment practices. Can the duty to report bring about a culture change in construction?
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CommentStill beating the drum
In his first column, in April 1987, our legal columnist, criticised the CITB levy. As a new training charge looms, he assesses the 30 years since: ‘disputomania’, adjudication, and what happens next
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CommentWheels within wheels
Framework agreements with complex linked subcontracts can lead to cases centred on how the contracts work, rather than the substance of the dispute itself
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CommentCase in focus: Part 8 application
In what circumstances can a Part 8 application be used to oppose enforcement of an adjudicator’s decision?
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CommentBut is it any good?
The Society of Construction Law released the second edition of its Delay and Disruption Protocol in early March. Progress has been made but perhaps not enough
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CommentA matter of timing
A TCC decision has provided valuable guidance regarding the payment regime in the JCT DAB contract, as well as clarification on substantiation of interim applications
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CommentConstructing a team
The concept of collaborative working has gained popularity since 1994’s Latham report but alliancing on big projects can be complex. New guidance is now available
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Comment‘Oops, sorry, I didn’t notice …’
Getting notices right under the contract can be critical to the success of your project. Pleading ignorance, or hoping things will be sorted out later, can lead to disaster