Legal views 鈥� Page 52
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CommentCaps on liability?
Liability caps have been around for a long time but are they the hot topic for 2014?
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CommentWomen in construction: Can we bridge the gap?
With skills shortages threatening the sector how can we make sure that the best and brightest women are being encouraged to join the world of construction?
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CommentThe foresight of negligence
From a frightening beginning, this claim around negligence would appear to reach a fairly sensible conclusion
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CommentEarly conciliation: We can work it out
The introduction of early conciliation next month offers a welcome intervention in the rising tally of workplace disputes
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CommentAdjudication: Silence is not an option
A few weeks ago Tony Bingham wrote on challenges to an adjudication in the case of Twintec vs VolkerFitzpatrick. Here Hamish Lal questions some of his conclusions
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CommentWill Sir David Higgins' HS2 report mark a turning point?
Even if the government accepts this report鈥檚 recommendations, the Hybrid Bill鈥檚 passage through parliament will be a long one
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CommentLetters of intent: Paved with good intentions
The motivation for signing a letter of intent may be admirable, but the trouble they can cause should not be underestimated, as a recent case involving engineer VolkerFitzpatrick shows
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CommentAdjudication: Running repairs
Adjudication has proved very successful in keeping construction disputes out of the courts, but the system needs a few tweaks to make sure it continues to operate smoothly
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CommentLetters of intent: Cruel intentions
Parties can find themselves skating on thin ice when they proceed under a letter of intent and inevitably fail to finalise a formal contract
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CommentPublic sector work for SMEs: Ajar but not open
The government is taking steps to make public sector work more accessible to SMEs. But there鈥檚 a lot more to do - especially on procurement and ensuring prompt payment
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CommentAdjudication: Pick on someone your own size
Some parties will go to great lengths 鈥� even so far as bullying the poor adjudicator 鈥� to get an adjudication stopped. Better by far is to go straight to the judge and argue your case
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CommentNEC3 : Compensation culture
The new NEC3 contract features mechanisms to change contract prices and completion dates, under certain circumstances. We look at compensation events
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CommentPayment to subcontractors: The direct approach
The revised EU Public Procurement Directive could mean that subcontractors will receive payment directly. Our columnist compares direct payment legislation from other countries
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CommentFocus BIM on FM
If we are going to invest in BIM, let鈥檚 focus on where it can make the most difference: the operation and maintenance period
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CommentLow-bidding contractors: Always assume the worst 鈥�
Note to developers: if you are aware that a low-bidding contractor has financial issues, it is better for you, and the struggling contractor itself, just to choose another one
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CommentInsolvent companies: Owing pains
An insolvent company that has entered into a voluntary agreement with its creditors may find itself in difficulty when it tries to enforce an adjudication decision, as one recent case shows
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CommentClaims resuscitation: The patient may already be dead
If you believe you have a claim under a construction contract be conscious of the risk of expiry of limitation
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CommentBIM Protocol: Playing games of risk
It is not entirely clear how the BIM protocol is supposed to be passed down the supply chain, raising important questions about who owns what risk
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CommentDuty of care: Just desserts?
When the sign above a London cafe collapsed, causing serious injury, the finger was pointed at the shopfitter and building owner鈥檚 surveyor. But how far does the duty of care extend?
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CommentPlanning court will keep us building
Developers and public bodies, who have had to cope with the increasing cost of defending judicial review challenges, will welcome the setting up of a new planning court