Legal – Page 167
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CommentGetting arise out of a challenge
An arbitration case might offer a way forward for the courts when asked to decide whether ‘arising under’ or ‘in connection with’ best applies to a jurisdiction challenge under the Construction Act
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NewsOFT uncovers £3bn of rigged construction bids
Fifty seven offices were raided during two-year investigation into construction cartels
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CommentIf at first you don’t succeed ...
A lot of firms seem to think that if they lose an adjudication, they can try again with a different adjudicator. Ah, but what happens when they finally win and the other side won’t pay?
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CommentPulling a fast one
Tony Bingham A court in Scotland was asked to give summary judgment against a builder. The judge refused because he said it was too soon to make a binding decision. What would the adjudicator have done?
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CommentIt’s quiet – but is it too quiet?
It’s odd, says Steven Williams, but even though PFI schemes are invariably complicated and expensive, few seem to end up in court. So why is that? And how long will it last?
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News
Ascot rules out legal action against Laing O’Rourke
Ascot racecourse this week ruled out legal action against Laing O’Rourke over problems with its £185m grandstand refurbishment.
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News
Orange sues contractors
Mobile phone company Orange is suing contractors Kier Regional and Haden Young after a flood in one of its data centres.
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NewsDispute hits Bovis in Leeds
Bovis and Exterior Profiles argue over troubled Bridgewater Place project
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CommentKeep it together
Judges often have to ‘unwind’ adjudicators’ decisions to rule on them. When they do, they must consider the whole decision, not just the bit one side wants them to, as this Scottish case shows
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CommentLet there be more darkness
Milestone though it was, the EU’s Sustainable Energy Week showed that we are still not doing simple things to cut carbon emissions – like turning lights off.
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CommentBoth ends against the middle
Tony Bingham Is it the dispute decider’s job to pick one of the warring parties’ positions and declare it the right one? Or can they come up with a solution that neither party argued for?
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CommentA modest proposal
Tony Bingham Rather than trying to sort out disputes when they occur, wouldn’t it be easier to just write clear and fair contracts so that rows don’t occur in the first place?
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CommentWriting wrongs
Just about any legal issue depends to some extent on the definition of terms – and definitions depend on who wins an argument in front of a judge. Take the vexed and exasperating question of ‘contracts in writing’
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Comment
Waste opportunities
EU watch The European commission wants a 20% reduction in carbon emissions by 2020. To meet this goal, a variety of policies and guidelines are due this year.
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NewsWembley damages trial: first round to Cleveland Bridge
Judge Jackson rules that CBUK should not be held liable for temporary roofing costs
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CommentIt’s different this time
Adjudication is about deciding the ‘now dispute’ and moving on. But it’s not always so simple. In this case, a firm beefed up its arguments and came back for round two
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News
Labour MPs accused of breaching planning laws
Mark Prisk, the shadow minister for business and enterprise, accused ministers this week of breaching planning laws for political advantage.
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NewsAlways read the small print
Terms & Conditions may not 'protect you, the customer', says Tony Bingham, in fact they can be packed with limitations
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CommentA difference of emphasis
Letters of intent are paved with good intentions, but can trigger endless legal manoeuvres. A joyous time for lawyers but for nobody else. Here the couple to fall out were Skanska and supermarket chain Somerfield