Legal views 鈥� Page 107
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CommentOffensive manoeuvres
A decision reached by an adjudicator can be overturned in court, one reached by an arbitrator cannot 鈥� unless the claimant establishes that he is incompetent
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CommentMy slip, your fall
The NEC Third Edition has been hailed as a friendly partnering contract, but one particular clause seems to tip the balance against contractors
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CommentA wardance
The ordinary way that contracts are entered into provides a natural breeding ground for disputes, as vividly demonstrated by this recent Appeal Court case
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CommentIt鈥檚 鈥� Robo-adjudicator!
Dispute resolution is no job for have-a-go amateurs. So five chartered bodies have teamed up to turn adjudicators into contract law enforcement machines
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CommentFractal law
As with the coastline of England or the Mandlebrot Set, the closer you look at standard forms of contract, the more complexity you find. Take this example 鈥�
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CommentThe death penalty
In its next session, parliament will decide if the Corporate Manslaughter Bill becomes law. Some of its proposals should be amended before that happens 鈥�
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CommentA six-year stretch
By the time that Henry Boot vs Alstom reached the Court of Appeal, 拢60m was hanging on the definition of when the clock starts ticking on the six-year rule 鈥�
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CommentGo ask Alice
How can you miss a deadline if you鈥檙e a day early? Very easily, if you鈥檙e in the Wonderland world of the law, where words mean just what the contract says they do
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CommentWhose side are you on?
It鈥檚 taken 20 years to decide whether the project manager under the NEC contract has a duty to be unbiased. Now, thanks to Mr Justice Jackson, we know
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Watch the skies
Under a proposed EU directive, construction employers could face hefty claims from outdoor workers if they fail to protect them from the effects of the sun
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CommentAsking for it
If you lose an adjudication to an opponent in poor financial health, can you decline to pay up? Happily, the courts have just laid down clear rules on this
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CommentWriggle room
A developer tried three arguments to get round an adjudicator鈥檚 order to pay its contractor 拢170k. This is what the court said about them
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Can I have some more?
Many PFI contracts are about to reach their first price review, when the contractor can apply for more money. This is likely to lead to some old friends falling out
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CommentThe big squeeze
When the Bechtel boss told his people to do everything they could to disallow contractors鈥� costs, the contractors went to court. But was this the right move?
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CommentCheck it out
The revamped JCT suite of contracts has finally begun to arrive. So what鈥檚 changed, what鈥檚 stayed the same 鈥� and what do you have to look out for?
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CommentIdeal for multiple injuries
It鈥檚 hard to introduce a new defence in the middle of a trial, but in adjudication 鈥� being a quick first-aid for two parties in a punch-up 鈥� it鈥檚 the very opposite
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CommentIt鈥檚 down to the developer
A half-baked rethink of the law is unlikely to increase project safety. Placing the burden of responsibility at clients鈥� doorsteps is a much more effective solution
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CommentWorse than useless
The BPF鈥檚 consultancy agreement is a fine example of a one-sided contract that dumps extra work and unlimited risk on any consultant foolish enough to sign it
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CommentBang out of order
When a dodgy builder was jailed for fleecing customers, he got an ASBO into the bargain. What the dastardly felon also got was a dose of rough justice
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CommentFun, frolics and forms
The JCT has revamped and extended its range of standard contracts. If you can get past the swanky yellow covers, you鈥檒l find all kinds of interesting changes inside