All Case law articles 鈥� Page 3
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Law of limitation: And your time starts 鈥� now!
New legislation is on the way (at last) to reform the law of limitation of actions. But should it be a single limitation period and if so for how long: three, six or 10 years?
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CommentFee rates: What's a lawyer worth?
Lawyers are discounting fees and moving away from hourly rates, but limits on them taking a share of sums recovered in a dispute may disappear
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Appointing consultants: Bully-boy tactics
The suspicion is growing that public authorities are using their dominant position to impose onerous conditions on consultants鈥� appointments. It鈥檚 the last thing the industry needs
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OFT special: What now?
The OFT has imposed fines of 拢129.5m on 103 firms that colluded with competitors. Over the next four pages we look at the legal aftermath 鈥� starting with Chris Hill on the question of appeals, restitution and discrimination
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CommentTake the fifth: Liability for design mistakes
If you鈥檙e an architect, and you suddenly realise that you鈥檝e made a mistake, do you have a duty to tell your client about it? Well, that all depends
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Insurance cover: Don't attempt the impossible
If you don鈥檛 make sure your subcontractors have a specific level of cover you may find your own insurer drops you like a hot potato
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好色先生TVOFT verdict: The client's options
What could those who have employed or are currently employing the services of contractors named by the OFT do now they know the score
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Environmental damage: Have we got newts for you
The EU鈥檚 Environmental Liability Directive has now, at last, been written into UK law. Here鈥檚 what it says 鈥� and how to minimise your risk
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CommentJCT for major projects: I Love you just the way you are
The clear, efficient and comprehensive JCT Major Project Construction Contract is about as good a form as you鈥檒l find. But don鈥檛 go trying to change it 鈥�
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Getting there: Revision to JCT contracts
The latest revision to the JCT contracts is a step in the right direction, but doesn鈥檛 go far enough to enforce the OGC鈥檚 Achieving Excellence in Construction aims
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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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Trouble in the transfer market: TUPE regulations and frameworks
Under TUPE regulations, staff are transferred from contractor to contractor depending on who is doing the work. But how does that function with frameworks?
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Comment鈥榁alid鈥� doesn鈥檛 mean 鈥榯rue鈥�: withholding payment
A party that doesn鈥檛 want to pay another needs to issue a withholding notice with a reason why it鈥檚 not paying 鈥撀燽ut does this reason need to be reasonable?
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Much obliged: Infrastructure contributions
Many local authorities are demanding standard infrastructure contributions when they are not due at all. So can developers question this?
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CommentGreen paper: Eco-ratings in contracts
Clients and buyers have come to expect a high sustainability rating for their property, but where does that leave the contractor?
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CommentProve your worth: Net worth test
Money matters聽Banks looking to safeguard funding have a new test for construction projects鈥� guarantors, but how will it affect contractors?
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Should you fess up?: Corruption
The Serious Fraud Office鈥檚 efforts to encourage self-reporting of corruption has created quite a dilemma for the construction sector
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CommentAll for one: The OGC's contract decision
Tony Bingham claims the Office of Government Commerce was wrong to endorse the NEC3 contract over others, but in reality this is just the standardisation he was seeking
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Secrets and lies: Aukett Fitzroy Robinson's fraudulent misrepresentation
A court has found architect Aukett Fitzroy Robinson guilty of fraudulent misrepresentation for failing to inform its client that a team member had quit
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How do I... issue a statutory demand?
Kicking off Berwin Leighton Paisner鈥檚 series on making the most of the legal process, Melissa Moriarty explains the use of a powerful money-extraction tool