All Case law articles
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CommentTCC rejects BCC: the perils of serving notices by email
A recent High Court ruling highlights how serving notices by email can go wrong 鈥� what can you do to avoid this?
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CommentThe bad side of good faith clauses
鈥楪ood faith鈥� clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them
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CommentAdvising traditional procurement: Have I really been negligent?
Solicitors can explain legal issues and draft and negotiate contracts relating to procurement, but they don鈥檛 choose which route to take - that is the client鈥檚 decision
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Set-off on the right foot
The law governing situations where two parties owe each other money is murky. But a recent Court of Appeal case sheds some useful light
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CommentGet lost, Plato: City Inn vs Shepherd Construction
The decision in City Inn vs Shepherd Construction is a victory for common sense over philosophical arguments about causation, says the lawyer who acted for Shepherd
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On turning a blind eye: Traditional Structures vs HW Construction
If you notice that a supplier has mistakenly failed to charge for an item on their tender, can you accept the price, keep shtoom and then hold them to it?
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Schools out for tender
It鈥檚 a new order for those involved in building schools after the coalition鈥檚 savage cutbacks. But the changes should bring opportunities for smaller contractors
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Hidden agenda: the weakness of adjudication
Because it takes place in private, adjudication is preventing judges from developing construction law - and lawyers aren鈥檛 improving the contracts they draft
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Litigation insurance: Run for cover
Lawyers are becoming increasingly savvy about insurance options for those entering construction disputes. Matthew Amey urges litigants to seek advice as early as possible
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Anti-fraud: The taxman cometh
The Revenue has begun an anti-fraud campaign, and any firms that don鈥檛 follow the letter of the law on paying subcontractors are going to be in a world of pain
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Buying a business: Gods of small things
If you鈥檙e planning to buy a business in our fragile economy, you need to know what you鈥檙e getting. So use lawyers who will scrutinise every little contract
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CommentJust looking
Beware if you shop around for an expert, as the court may demand that you reveal the reports that you rejected
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Defective work: Making amends
If you鈥檙e an employer cheesed off with a contractor鈥檚 work, it鈥檚 tempting to get someone else in to sort it out, then claim for the costs. Here鈥檚 why you should count to 10
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CommentThe salami olympics: how to spot a fraudster
The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here鈥檚 how to spot them
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Pay-when-paid: You know what I mean, guv?
Shepherd Construction tried to rely on a pay-when-paid clause to not pay its subcontractor, William Hare. Problem was, it wasn鈥檛 well drafted 鈥� so would the courts help it out?
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Religious discrimination laws: But I'm a shaman!
A recent case has extended the laws protecting employees from religious discrimination to those who hold any kind of 鈥榗ogent and serious belief鈥�
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The reckoning
Fiona Gill and Mark Roach聽So what did the Labour party do for (or to) construction during the past 13 years? And what will happen if the Conservatives take over?
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CommentA pain in the NEC
Disputes on NEC projects are on the rise, so if you don鈥檛 want to find yourself in a bind, here are some points to be aware of when using this contract
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Nuclear contracts: Ending in tiers
The second of our three-part series on the nuclear decommissioning sector looks at the target-cost clauses of tier two contracts 鈥� their benefits and pitfalls
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CommentBribery Bill: Greasing the wheels of commerce
Bribery is endemic in many parts of the world where British firms do business, but any that succumb to it will soon face fairly horrific penalties