Legal – Page 30
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CommentAll change in the FIDIC forms
Seventeen years after the FIDIC forms first arrived, a second edition has been issued. The new Red, Silver and Yellow books focus on greater clarity in parties’ obligations and avoiding/resolving disputes as the contract proceeds
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CommentLegal blog: The proposals that got away
Sir Michael Latham, who died last month, changed the way the construction industry operates but there’s some way to go before the vision set out in Constructing the Team is fully realised
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CommentLegal blog: Carry your own can
Jim Alexander warns independent experts to stick firmly to the scope and duties of their role – those who fail to do so can’t shift blame and liability elsewhere
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CommentLegal blog: how not to meet a sticky end
Steven Carey explains why the Court of Appeal ruled that the need for payless notices applies to final payments as well as interim ones
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CommentCase in focus: Payless notices
An effective payless notice must include an explanation of the grounds for withholding, a headline figure and a calculation showing how that figure has been produced
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CommentAnd about time too
The review of the Construction Act is more than welcome to Tony Bingham, who can hardly wait to see an end to the misapplication of 28-day adjudication as a dispute resolution process
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CommentLegal blog: On demand or on default?
Victoria Peckett explains how to distinguish between a payment guarantee that applies only in the event of a default and one that can be invoked on demand
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CommentLegal blog: A false sense of security
Francis Ho warns that legislation permitting the assignment of payment rights could do more harm than good
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CommentLegal blog: Incompatible provisions
The contractor’s liability for design faults depends on not just the main contract form but also its associated documents: if they contradict each other, you could end up in court
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CommentCase in focus: Adjudication relief
Having abandoned the first adjudication, was the referring party acting unreasonably and oppressively in seeking to bring similar claims in a second adjudication?
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CommentLegal blog: Show me the money
The new Pre-Action Protocol for Debt Claims does little to help creditors – it merely gives debtors more scope for delay
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CommentLegal blog: Grenfell - what went wrong?
Last month Tony Bingham went to Grenfell Tower to see the aftermath of the tragedy for himself; here, he looks at the scope of the inquiry and what it might tell us about the way we procure buildings
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CommentPlanning for the right homes in the right places
How has government responded to the white paper and consultation on assessing housing need and how effective do its proposals look?
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CommentLegal blog: Ways of escape - undoing PFI
Steven Carey wonders how Labour’s proposal to bring PFI schemes back ‘in house’ could possibly be implemented
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CommentDrones: hovering anxiously
The first in a series on new technology addresses the legal issues of drone use in construction
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CommentLegal blog: Traps for the unwary
The latest revision of the New Engineering Contract, NEC4, could cause a few headaches for the employer’s project manager
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CommentThe Great Escape? A fresh look at exclusion clauses
The Court of Appeal’s recent decision which concerned an exclusion clause intended to limit liability for claims could have a serious effect on the interpretation of such clauses in negotiated agreements
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CommentLegal blog: Missing the point
The proposed new sanctions framework for approved inspectors fails two key requirements of fairness and proportionality, by treating large and small AIs the same
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CommentThe end of the affair?
Robert Akenhead returns with a column highlighting a recent inventive use of debt recovery legislation to recoup the costs of an adjudication
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CommentNew technology, old problems
The first judicial consideration of BIM asks whether an interim application for an injunction restoring client access to the project BIM should be granted