All articles by Hamish Lal – Page 2

  • Hamish Lal
    Comment

    FIDIC forms: Engineering anxiety

    2016-05-06T06:00:00Z

    FIDIC forms of contract outline an engineer’s role in making determinations but how can you be sure that their decision is fair and impartial?

  • Hamish Lal
    Comment

    Raising the time bar

    2016-02-23T14:48:00Z

    Time bar clauses can provide a defence against claims for additional time and money. But when are they enforceable and why do two particular cases seem to show very different results?

  • Hamish Lal
    Comment

    A new test for penalties

    2015-11-16T16:13:00Z

    The Supreme Court has made a decision on how to better codify when a contractual provision is a penalty. What effect will the new classification have on construction contracts?

  • Hamish Lal
    Comment

    Refs to review penalties

    2015-08-25T13:18:00Z

    The law on liquidated damages is regarded by some as unworkable and now the Supreme Court is to look at penalty clauses. Its decision could have profound consequences for construction

  • Hamish Lal
    Comment

    And here’s another one

    2015-08-06T07:00:00Z

    Contractors sending out more than one payment notice in the hope that the employer will fail to respond to one of them with a payless notice, should take heed: the courts will have none of it

  • Hamish Lal
    Comment

    Codifying PFI contracts: Sticking to the letter

    2014-12-05T06:00:00Z

    How rigidly must you stick to completion criteria of a PFI contract when issuing a completion certificate?

  • Hamish Lal
    Comment

    Applying English law in Scotland

    2014-06-25T08:47:00Z

    When deciding whether or not to enforce the adjudicator’s decision, the court had to decide if the contract was assessed under the English or the Scottish Scheme

  • Hamish Lal
    Comment

    Adjudication: Silence is not an option

    2014-03-21T06:00:00Z

    A few weeks ago Tony Bingham wrote on challenges to an adjudication in the case of Twintec vs VolkerFitzpatrick. Here Hamish Lal questions some of his conclusions

  • Hamish Lal
    Comment

    Galliford Try vs Lanes Group: Forum shopping

    2012-01-13T00:00:00Z

    The practice of ‘forum shopping’ as mentioned in Tony’s article may be unappealing to some, but any attempt to legislate against it will cause a trolleyful of problems

  • Hamish Lal
    Comment

    Contracts in writing and SMEs

    2011-09-23T00:00:00Z

    The rule that contracts have to be in writing is about to be scrapped, but SMEs in particular may mark its passing with regret

  • Comment

    Dismissing contractors

    2010-11-26T00:00:00Z

    An employer who finds a defect during construction may be tempted to dismiss the contractor. But the contractor can fire back that the work shouldn’t be judged until it’s finished

  • Hamish Lal
    Comment

    PFI can’t take sting out of cuts

    2010-08-13T00:00:00Z

    Public sector clients tempted to reintroduce cancelled projects as variations to existing PFIs may be breaking the rules

  • Comment

    Hamish Lal: Bare realities

    2010-05-21T00:00:00Z

    Hamish Lal The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today – including that the money will run out

  • Comment

    Nuclear contracts: Ending in tiers

    2010-04-30T00:00:00Z

    The second of our three-part series on the nuclear decommissioning sector looks at the target-cost clauses of tier two contracts – their benefits and pitfalls

  • Comment

    Going nuclear: contracts for decommissioning work

    2010-04-09T00:00:00Z

    Everything you wanted to know about the nuclear decommissioning sector but were afraid to ask – explained to you in a three-part series starting with this overview

  • Comment

    Something might get broken

    2010-03-12T00:00:00Z

    ‘The rough and tumble of normal commercial bargaining” can, clearly, be used to extract a good deal from the other side. But if one party abuses this power, the other could argue later that the resulting contract is not binding. Such an argument is founded on the legal doctrine of ...

  • Comment

    Nuclear new-build: Proceed (with caution)

    2010-02-19T00:00:00Z

    The nuclear new-build programme has a lot to offer, as long as you can navigate the regulatory and contractual minefield surrounding it

  • Comment

    Don't, don't you want me

    2004-07-09T00:00:00Z

    The JCT appears to have rejected the idea of incorporating the SCL delay and disruption supplement into its contracts – which has provoked a bit of a debate …