All Legal articles – Page 34
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CommentCase in focus: Final Account application
Where an adjudicator applies ISG vs Seevic to order payment of a final account application, can the valuation be challenged in a subsequent adjudication?
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CommentFutureproof your disputes
Leaving the European Union could cause complications for the enforcement of court actions against firms and entities in EU member states. Arbitration could offer an alternative
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CommentThird time lucky?
Here’s a case that shows up the sheer muddle that is the Construction Act’s payment rules. They need to be rewritten - only not by those who made such a mess of it on the first two attempts
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CommentLetters of the law
The law on letters of credit has been upheld in two cases; banks cannot refuse to pay a demand meeting the requirements of a letter of credit unless it would involve fraud
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CommentWidening the tax net
Changes to tax rules for dealing in UK land are aimed at offshore developers but could also affect UK-based entities
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CommentContracts: Delay signing at your peril
Starting on site without a contract can have major consequences. The more work that has been done and the more issues arising as a result, the harder it will be to get one signed off
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CommentAdjudication costs: No harm in asking
It was understood that you could not claim costs incurred in adjudication, but that position has been complicated following a case before the TCC
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CommentAdjudication enforcement: Levelling the playing field
Is it fair when SMEs have to go to court to enforce an adjudication decision? Two of our columnists team up to argue that it’s time for reform
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CommentA statement on infrastructure
Will investment on infrastructure in the Autumn Statement live up to government rhetoric? And what financial arrangements will be needed for projects given the green light?
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CommentPartial failure is not good enough
An interesting case sees total failure of consideration used as a means of defence. But can some performance be disregarded and total failure still exist?
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CommentThe book group
Thinking about getting in some early Christmas shopping? Here are some thoughts on two new publications on construction law, available now
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CommentStanding up to slavery
Large organisations are now required to publish a statement on what they are doing to ensure modern slavery is not taking place in their business or supply chains
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CommentIn the frame
Frameworks are here to stay but they don’t always run smoothly. A new tool aims to improve the process of collaboration by offering a standard model to work to
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CommentCase in focus: Enforcement and severance
Did inconsistencies between consecutive adjudication decisions render the second decision unenforceable? Or, if enforceable, could the second decision be severed due to an arithmetical error?
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CommentExpert witnesses: An expert switch?
Recent case law confirms the courts’ approach to parties changing from one expert witness to another and whether the first opinion sought should be disclosed to the court
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CommentCheck the paperwork
It’s not just Byron clamping down on illegal employees. The government has a drive on to catch workers who do not have the right to work in the UK - with big fines falling on those who employ them
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NewsBarratt London boss arrested
Firm suspends London regional MD Alastair Baird amid allegations of misconduct over contract awards
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CommentMind the gaps
When words are removed from a contract, deciding what to bring back into the court room can be a tricky business. A recent TCC case provides an example
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CommentThe Welsh pipeline
Jeremy Williams analyses the Welsh political and economic landscape and asks what it will take to get several key multi-billion pound infrastructure projects off the ground
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CommentWeather delay: Come rain or come shine
How bad does the weather have to get for it to warrant an extension of time? We need to be aware of our contractual entitlements in exceptional weather conditions