Legal – Page 111
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CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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NewsCourt approves £32m refurb of Old Trafford
Derwent’s objection against development of cricket ground is dismissed
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Comment
Whiff of victory
A group of residents accused a landfill site operator of causing a ’nuisance’ with unpleasant odours, but the company’s environmental permit gave it protection
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CommentAdjudication: Use some judgement
Too many adjudicators are out of touch and, frankly, incompetent. Now a senior judge has stepped in with a suggestion on how to improve - he wants them to be more like him
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CommentBecause I’m worth it
Contractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
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Comment
Difficult jurisdictions: Russia
Today the Bribery Act comes into force, creating a new risk of being prosecuted for offences committed abroad. With this in mind, Chris Hill focuses on the challenges of operating in Russia
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NewsSubbies may have to pick up adjudication costs
Government fails to close legal loophole over so-called “Tolent” clauses
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NewsMiddle-sized firms at greatest risk of breaching Bribery Act
Survey finds only 16% of small to medium-sized firms have anti-bribery training in place
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CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
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CommentArbitration: See you all in court
It’s a fact of construction that spats often occur between more than two parties on a project - and arbitration isn’t the best way of dealing with complex multi-party disputes
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Comment
Implied terms and the Privy Council
Terms and conditions are stated in a contract, right? So what about all those implied terms that don’t make it into writing? The Privy Council has a view on this …
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CommentThe liquidated damages clause: Red card
A 200-year-old law says you can’t penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness
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NewsConstruction firms 'unprepared' for Bribery Act in July
Survey reveals large proportion of SMEs have not put in place anti-bribery training for staff
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NewsBanned construction director threatened with jail
Company head ran firm while disqualified from being a director
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CommentBIM disputes are inevitable
The recent US case didn’t go to court, but eventually we will see legal spats over BIM in the UK - so how will we go about resolving them?
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Comment
Safety obligations: Common law liability
In a case concerning hearing loss among employees, the Supreme Court has come down in favour of a common law approach to safety, rather than stricter statutory law
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NewsTreasury Committee to discuss future of PFI today
Grouping will hear evidence on cost effectiveness of different procurement methods
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CommentNEC contracts: Love and understanding
NEC contracts call for mutual trust and co-operation, but what does this actually mean and how does it work in the sometimes cut-throat world of business?
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Comment
How will academies procurement work?
As school academies move away from central control they will have to procure goods and services that were previously the responsibility of the local authority