All articles by Simon Tolson – Page 2
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Comment
Hold it right there
A recent case shows that fraud is not the only ground upon which a call on an on-demand performance bond can be restrained by an injunction
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CommentProving economic duress
Some construction clients are trying to force their suppliers to drop prices. But the courts will come down hard on those who rely on illegitimate threats and financial leverage
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Comment
Judges unleashed
Simon Tolson Unlike the restrained and remote judges of the past, many now snap at the ankles of the advocates to ensure cases proceed in the way they should
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CommentThe little Ceausescus
When it comes to making changes to listed buildings, planners and conservation authorities are often unhelpful, ill-informed, and obstructive to the point of malice
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CommentRepugnant behaviour
A recent case has shown that the more serious a breach of contract, the less likely it is that a court will accept an exclusion of liability clause
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CommentThinking caps: Employer's agents
When a QS acts as contract administrator, certifier, project manager and employer’s agent, it all ends up like a game of pass the hat. But some principles always apply
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CommentThe price of darkness: Rights of light
The right of light has become a hot topic in the courts, so developers who want to avoid making costly mistakes should read this illuminating article...
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CommentBlow that whistle
How scared should you be by the news that the OFT is using undercover techniques to spy on cartels? That depends on what you've been up to …
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Comment
In brow-mopping mode
Clients and lawyers breathed a sigh of relief when the House of Lords overturned a decision that put in doubt the confidentiality of legal advice
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Comment
Tolson III: The Reckoning
Tune into the latest episode of our real-life renovation saga, where our hero and his family finally take possession and live happily ever after – apart from the snagging
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Comment
Home exorcism for beginners
Simon Tolson says there are better options for both contractor and client than partial possession. And he's been longing to move back into any part of his home for 10 months …
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Comment
New rules for the blame game
Remember the architect who got blamed for a fire because he specified the wrong panels? The Court of Appeal has just poured cold water over that decision
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Comment
Simon's saga, part two
His credentials in construction law were impeccable, his experience undeniable, his preparations unquestionable. Here's how his home improvement went down the pan
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Comment
Et tu, Simon?
You'd think a construction lawyer embarking on his own building work would draw on his experience to ensure that he didn't end up at a well-known creek. Well …
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Comment
Once more unto the breach
Can an employer, disgruntled because of defective work, cry breach of contract and pursue damages even if the contractor has put the defect right?
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Comment
A journey without maps
The success of a project is often down to the people working on it, but clarity as to who does what, as well as organisational structure, seem to be all-important
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Comment
Invasion of the bodysnatchers
In the horrific world of name borrowing, a management contractor has to watch helplessly as its identity is taken by a works contractor and used to pursue its employer.
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Comment
Day of the triffids
Simon Tolson - Contamination doesn't just apply to toxic chemicals. It can apply to hazardous plants and weeds that have to be removed. Worse, the contractor can end up paying
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Features
Be prepared
The JCT design-and-build contract says that the valuation of a job is to be done by the contractor. This can put an unwary employer in a number of difficult and costly positions.
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Features
All gas and gaiters
So, the fuel crisis gives contractors the chance to secure extensions of time, does it? No, it doesn't, because the truck drivers' actions do not clearly come under "relevant events".
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