Legal views – Page 30

  • Simon lewis new bw 2017
    Comment

    In for the long haul?

    2017-09-07T10:35:00Z

    A recent judgment raises questions over whether the courts should approach long-term contracts differently to shorter-term ones, insofar as termination provisions are concerned 

  • Hamish lal
    Comment

    Fit for purpose

    2017-09-01T05:00:00Z

    The MT Højgaard case in the Supreme Court illustrates how lawyers, adjudicators, arbitrators and judges are now likely to mediate competing contract terms

  • Mark fletcher final copy
    Comment

    Big trouble in Liverpool Chinatown

    2017-09-01T05:00:00Z

    Problems between stakeholders on a £200m regeneration project are likely to have reputational, financial and legal consequences for those involved

  • Jill Hamilton Edward Spencer
    Comment

    Cyber security: BIM

    2017-08-25T09:38:00Z

    The first of a new series of columns on cyber security looks at the data risk issues around building information modelling. Taylor Wessing’s cyber security team explain

  • James Bessey
    Comment

    Time to call time

    2017-08-25T09:23:00Z

    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

  • Stephanie Canham
    Comment

    Contracts: Getting the foundations right

    2017-08-17T11:39:00Z

    A fitness for purpose obligation has been ratified by the highest court in the land – that has got people talking

  • Ted Lowery
    Comment

    Case in focus: Relief from sanctions

    2017-08-10T06:00:00Z

    Should a claimant be entitled to default judgment on a claim that was dependent upon the outcome of separate proceedings?

  • Rudi Klein
    Comment

    Supply chain: Facing the abyss

    2017-08-04T07:00:00Z

    Carillion’s profit warning illustrates the precarious existence of big UK contractors. So, what protection is in place for the supply chain, should one of them fall? Nowhere near enough, it seems

  • Aidan Steensma
    Comment

    Adjudication: New thoughts on smash and grab

    2017-08-03T07:00:00Z

    A TCC decision last month has questioned whether existing case-law on ‘smash and grab’ adjudications should be reconsidered in light of Court of Appeal decisions

  • Gurbinder Grewal
    Comment

    Written contracts: Pen and paper at the ready

    2017-07-28T07:00:00Z

    Avoid the argy-bargy and uncertainty of an oral contract and get the thing down in writing

  • Jeffrey Brown and Steve Goodwin
    Comment

    NEC4: Events, dear boy, events

    2017-07-27T07:00:00Z

    NEC4 contains subtle changes to clause 61.3 that relate to compensation events and which await judicial clarification

  • Ted Lowery
    Comment

    Case in focus: Service of documents

    2017-07-21T09:02:00Z

    A recent case illustrates a practical approach to the challenge of effecting good service upon a peripatetic respondent

  • Kumara Mallikaaratchi
    Comment

    IChemE’s Silver Book: Pieces of silver

    2017-07-14T06:00:00Z

    A close look at what is contained in the IChemE’s new consultancy agreement for the development of process plants

  • Jim Mason
    Comment

    Intelligent contracts: Get smart

    2017-07-07T06:00:00Z

    ‘Smart’ contracts could be the next big thing in construction technology but will developers learn the lessons of BIM implementation? Sometimes it’s better to keep things simple

  • Francis Ho
    Comment

    Taking the fifth

    2017-07-07T06:00:00Z

    This year’s FIDIC White Book shows worthy progress. Here is a look at the latest iteration of the client/consultant model services agreement

  • Nick Young Olu Dansu Eleanor Whittaker
    Comment

    Accident or certainty?

    2017-06-30T12:00:00Z

    A recent High Court judgment provides useful guidance on the meaning of ‘accidental damage’ in the context of an all risks insurance policy

  • Ian Yule
    Comment

    Fact versus forecasts

    2017-06-30T06:00:00Z

    How should the monetary effects of compensation events be assessed months after the event itself? There are two different schools of thought on that

  • Ted Lowery
    Comment

    Case in focus: Compensation events

    2017-06-14T06:00:00Z

    Had a PFI project company given proper notice of a claim for compensation? Ted Lowery considers a High Court case in Northern Ireland

  • Stephanie Canham
    Comment

    Holding back

    2017-06-13T15:16:00Z

    Withholding retention money is one of the most controversial practices in the construction industry today. But with reform delayed, what can subcontractors do to protect themselves?

  • David-S
    Comment

    Persuasive percussion

    2017-06-07T14:55:00Z

    In response to Tony Bingham’s April column on how we must better engage with dispute avoidance, a legal academic gives their view on how firms must try to understand each others’ positions