All articles by James Bessey
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CommentLet鈥檚 legislate on home warranties
Better 好色先生TV Regulations won鈥檛 help without systems to ensure adherence 鈥� that means legal minimum warranty standards
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CommentFire safety: Are you covered?
Complying with Approved Document B on fire safety doesn鈥檛 guarantee you鈥檙e meeting the 好色先生TV Regulations
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CommentCan subcontractors raise the same claim twice?
Having raised a claim at an earlier stage does not necessarily entitle a subcontractor to raise the same claim later
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CommentDouble your money or bust: Beware of retention of title clauses
These can leave a contractor paying twice for materials if a subcontractor goes bust
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CommentWhat can new entrants into construction offer us?
James Bessey predicts what major changes to our rules and regulations new entrants to construction may expect to see
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CommentLegal: The scariness of vicariousness
The courts have held an employer liable for a rogue data breach by an employee 鈥� although the company broke no rules.聽James Bessey explains why
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CommentLegal: a knotty problem
James Bessey explains that a 聽recent case showing nuisance can be caused by omission as well as action has implications for cladding fires
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CommentTime to call time
A claimant tried to revive a dispute dating back to 1992 by alleging a fraud. But the court said it would not sit back and referee whatever games he wanted to play
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CommentScoring an own goal
A benefit of arbitration is that it stops details of a dispute becoming public. But, as a case involving a football manager shows, if you challenge the arbitration you lose that advantage
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CommentWill nobody notice?
A recent case has highlighted the role and significance of notices, which can get particularly complicated when there are funding and insolvency issues
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CommentTime is money
A recent case highlights the complexities of the subcontractor relationship compared to that of employer and main contractor, in terms of extensions of time and delays
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CommentSteps for the selector
Is it time for nominating bodies for arbitrators and adjudicators to review their appointment process?
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CommentWitness compensation: Cab, please!
Witnesses can be paid 鈥榗ompensation鈥� for court appearances. But, as the case of a certain disgraced former DJ shows, you鈥檙e not likely to get paid a four figure sum. More like minimum wage
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CommentBIM: If you want my advice鈥�
BIM is increasingly being adopted by the industry, but who bears responsibility for recommending whether or not to use it in the first place?
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CommentThe doctrine of frustration
What effects would the outbreak of war on the international construction market?
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CommentThe Freedom of Information minefield
Parties are using the Freedom of Information Act to strengthen their positions, so be aware when working with a public body that it may have to disclose information you鈥檇 rather it didn鈥檛
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CommentForum shopping: Retail therapy
Tempting as it may be to shop around for your preferred adjudicator, the courts won鈥檛 look kindly on it - and you might end up with a longer dispute than you bargained for
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CommentFinal account process in contracts: A final reckoning
Construction contracts often provide for wrapping things up in a final statement. But this process is absent in the NEC contract - something that can create significant uncertainty
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CommentGood faith clauses
As Luis Su谩rez questions his contract with Liverpool, we look at the similarities between football and construction contracts - and what they can show us about good faith clauses
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CommentHearsay evidence: He said, she said 鈥�
If a witness cannot be traced, then a party might need to rely on hearsay evidence. But getting the court to give weight to such evidence isn鈥檛 easy