Legal views 鈥� Page 51
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CommentBasements: Going underground
Basements may be an attractive proposition for homeowners and developers, but contractors need to take note of the legal considerations to avoid digging themselves into a big hole
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CommentLaker vs Jacobs: A complex case
This case is a good reminder of the court鈥檚 unwillingness to set aside adjudicator鈥檚 decisions where mistakes within the decision may be found to exist
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CommentWitnesses: Remember it like it was yesterday?
Judges and dispute deciders should place little reliance on what witnesses 鈥榬ecall鈥� happened, as our minds forget and distort events over time - however vividly we think we remember
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CommentFundamental breach: Calling time
If you think the other party to your contract has committed a fundamental breach, you better be sure before you lock the site gates behind them - as you could be committing one yourself
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CommentPanama Canal project: Troubled waters
With an estimated $1.6bn shortfall and no adequate remedy in the contract, the Panama Canal project shows that a low tender price and transferred risk don鈥檛 make for plain sailing
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CommentCIL: A complex regime
According to the government CIL is a 鈥渇airer, faster and more transparent鈥� system than Section 106 agreements. In reality it鈥檚 a bit more complicated than that
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CommentInsurance: Hand arm vibration
Around five million workers are exposed to hand arm vibration. So what can employers do to minimise the risk of this problem and guard against costly insurance claims?
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CommentOverseas investors: Biting the hands that feed us
Don鈥檛 blame developers and foreign investment for housing shortage
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CommentAdjudicator jurisdiction: Between a rock and a hard place
A case from January illustrates the potential difficulties of seeking to limit the jurisdiction of an adjudicator and how, consequently, their decision may be wider than expected
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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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CommentGuaranteeing the guarantees
What happens when a firm agrees to deliver a bond or collateral warranty and then fails to do so? Mr Justice Ramsey, it seems, thinks ordering specific performance may be a solution
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CommentThird party funding: A third wheel?
Stopjoin Projects Ltd vs Balfour Beatty Engineering Services highlights issues which arise when third parties get involved in financing construction companies
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CommentOffshore wind power: Winds of change
Legal and regulatory hurdles are making offshore wind power unneccessarily expensive. Before the next round of projects is procured, we need to cut the costs in half
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CommentJackson Reforms: Justice going cheap
Andrew Mitchell found himself falling foul of the new Jackson Reforms when it came to costs in the 鈥楶lebgate鈥� case. But what will the changes mean for construction disputes?
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CommentJackson Reforms: Spare us the rod
The Jackson reforms address unacceptable practices in some civil courts 鈥� none of which occurred in the TCC. So why are the same measures being imposed on construction litigation?
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CommentChoosing subcontractors: My choice but your fault
What happens when the client wants to have its cake and eat it by choosing the subcontractors but making the main contractor wholly responsible for their performance?
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CommentPayment applications: Good housekeeping
Challenges can be prevented or fought off by clearly marking payment applications and ensuring that all references in an adjudication submission are consistent and correct
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CommentArbitration: You get what you pay for
The choice between litigating and arbitrating a dispute is becoming starker. Some may go back to arbitration, but does it really matter?
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CommentStatutory limitation periods: The sense of an ending
If a statutory limitation period for making a claim can begin with the adjudicator鈥檚 decision, disputes can potentially drag on for over a decade. There may be a solution lurking in NEC3 鈥�
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CommentBIM and the dark arts of insurance
Insurers are begining to adapt to BIM and to see its opportunities