Legal views – Page 45
-
Comment
Cash retentions: Tell them where to stick it
Readers should use the general election to send prospective MPs a message about protecting cash retentions from insolvency risk
-
Comment
Construction Act: Ready for the chop
Here’s a scrap over what constitutes a construction contract. When the winner asked for its hefty costs to be paid, that’s when the judge got his axe out
-
Comment
A spotlight on rights to light
If a building interferes with a neighbour’s right to light, the courts can get the developer to knock it down - but changes are afoot that may redress the balance in the developer’s favour
-
Comment
Adjudication: Collateral damage
Francis Ho considers a world where parties can adjudicate under collateral warranties and asks what can be done to put the genie back in the bottle
-
Comment
Establishing communication
Are communications protocols necessary to support the payment process?
-
Comment
Judicial review: Who shot JR?
Government attacks on judicial review have overlooked its importance in giving the professions a voice and keeping regulators in check
-
Comment
Payers beware
One of the first cases on the new payment provisions in the Contruction Act underlines the importance of issuing payment and pay-less notices
-
Comment
Public procurement: Are you ready?
New regulations introducing a more flexible and modern regime are due this spring. These are the main changes
-
Comment
Sites for sore eyes
A rush to meet demand in an industry with a skills shortage could have fatal consequences if workers aren’t trained properly
-
Comment
Extensions of time: After the event
The judge’s comments in a judgment around extensions of time provide future guidance
-
Comment
Planning: A view from the bridge
Everyone seems to want a Garden Bridge across the Thames so it was no surprise when the planning authority brushed aside legal requirements
-
Comment
Expert witness: Three Card Trick
How can an expert witness be unbiased when hired by one party? Reader, behold, a tale of an expert witness too honest for his own good
-
Comment
Where does blame lie?
An independent health and safety consultant has recently been imprisoned after a tragic accident on a construction site. Even those who are not directly employers can still be held liable
-
Comment
BIM: If you want my advice…
BIM is increasingly being adopted by the industry, but who bears responsibility for recommending whether or not to use it in the first place?
-
Comment
Weather: A British obsession with financial consequences
Until technology allows accurate long term weather forecasts, what can be done to manage the risk?Â
-
Comment
Top trumps
Recent amendments to two powerful pieces of legislation around recovery of costs in construction contract adjudication mean they contradict each other. So, which takes precedent?
-
Comment
CDM regulations: New rules to live by
Major revisions to the CDM regulations are expected to come into force in April. So are you ready?
-
Comment
Adjudication: How far can your tactics go?
Adjudication may be a bit rough and tumble but the process must maintain respect