Legal views 鈥� Page 42
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CommentLiquidated damages: Time for a penalty shoot-out?
Liquidated damages are, in theory, a cost effective and efficient tool. If only things were so simple
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CommentMulti-party problems
Construction defects and multi-party proceedings 鈥� can there be an easy win for the employer?
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CommentMinding your manors
Ancient manorial rights can affect modern property developments. Here鈥檚 what you need to know
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CommentBundles of fun (not)
Three recent cases have tested the judges鈥� patience as they waded through bundles so vast that their sole purpose seemed to have been to hinder justice not aid it
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CommentAnd here鈥檚 another one
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
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CommentJCT MPCC: Major projects, minor details
The JCT Major Project Construction Contract is now widely recognised. But confusion over some of its provisions has come to light
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CommentProcurement: Optimum results
A string of high-profile repair and maintenance jobs have failed recently. Is the problem connected to how some clients carry out procurement at the beginning of the job?
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CommentIt's all in the timing
Great care must be taken over payment procedures and timings before and after practical completion, as ignoring them can prove to be a very expensive exercise
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CommentThis looks good on paper
You don鈥檛 want the sale of your scheme delayed by missing bits of evidence so make sure your development comes complete with a paper trail
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CommentAnother fine mess
Construction companies face vastly increased fines for breaching environmental law 鈥� so be clear about the legal implications of your activities or you could end up in big trouble
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CommentAre you being served?
Unless the employer serves its payment or pay less notices, it should expect to pay the amount applied for - irrespective of the true value of the work actually carried out
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CommentThe change mechanism
In projects where a large number of variations have taken place, should the contractor argue that the entire scheme of work be re-priced?
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CommentCyber security: Security protocols
The latest PAS document goes beyond BIM to look at wider security concerns in the digital built environment
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CommentAdjudication: The lay of the land
Does the work you鈥檙e engaged with constitute a 鈥榗onstruction operation鈥�? You had better be clear on this before you enter into adjudication
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CommentSubrogation: Not so plain sailing
Subrogation and issues of joint insurance often arise when drafting construction contracts. What guidance can a judgment involving a hired boat offer in these areas?
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CommentAs time goes by
An adjudicator鈥檚 decision is binding until the dispute is finally determined but here鈥檚 a case that opens up the question of limitation and how late that determination can take place
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CommentExclusivities: Exclusive arrangements
Exclusivity or lock out agreements are becoming increasingly common. But what are the benefits and why are they so popular all of a sudden?
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CommentOverpayment: Rare need for redress
It should be difficult to overpay on an interim payment but when it does occur, should there be an express term providing for repayment?
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CommentRight to buy and development
What impact would an extended right to buy have on housing association development programmes?