Legal views 鈥� Page 59
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CommentAmended standard forms: Just say no
鈥楢mended鈥� standard forms are a cunning ruse that use pages and pages of modifications to pile risk onto subbies. But why do they agree to sign them?
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CommentJV agreements: Common provisions
Five of the most important provisions in a joint venture agreement
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CommentBahrain: Construction opportunities in the 鈥榣and of the two seas鈥�
Bahrain is a pure and sacred place known as 鈥渢he Pearl of the Arabian Gulf鈥� 鈥� and a place with an increasing number of opportunities for UK construction
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CommentLimitation periods and adjudication
The idea of adjudication is that it has no bearing on any subsequent litigation or arbitration, but in this case a clever argument tried to get around that principle
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CommentEasements: What's yours is theirs
How easements - rights that people who don鈥檛 own the land can exercise on it - can hold up a development
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CommentNo crime and punishment
Contracting authorities can ban bidders from their tenders for certain crimes and also for non-criminal acts that amount to 鈥榞rave misconduct鈥�
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CommentKnowing who you're in contract with
Problems with a retaining wall led to a dispute for damages. But who had the engineer signed a contract with - a business or an individual?
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CommentMAC clauses: Phantom menace
Material Adverse Change clauses are often included in commercial contracts but rarely enforced. Developers need to be aware of what can happen when they are, as a recent case has shown
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CommentRepudiatory breach of contract: Once more unto the breach
A repudiatory breach by the other side allows you to terminate a contract. But you will need to be sure it is such a breach if you don鈥檛 want the courts to put you right
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CommentContract flexibility: How far can it bend?
Flexibility in contracts is a complex matter. Professionals need the freedom to exercise their judgment, but never at the expense of precise language
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CommentThe madness of NEC the third
This clause was so complicated that the parties offered two different interpretations and the adjudicator went with a third. Which started a whole new round of wrangling 鈥�
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CommentWhat to do about BIM
The Construction Industry Council has published a new standard protocol for BIM level 2. Will it promote adoption?
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CommentSites of archaeological interest: Time to get dug in
Making sure sites of archaeological interest are dealt with appropriately can hold a project up. What steps must be taken to keep any related delays to a minimum?
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CommentLegal brief: Right to light consultation
As the submission period for the consultation closes, the law commission starts its journey through a maze of competing issues
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CommentLegal brief: Duration of disputes
Figures from EC Harris reveal that the duration of disputes in the construction sector in 2012 increased by a third compared to 2011
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CommentThe paperless trial
Technology has already transformed how lawyers deal with information in court - and soon those heavy briefcases could be a thing of the past
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CommentThe sudden death clause
It seems that a contract can contain all sorts of cheering words about partnering and still allow a termination without explanation. Don鈥檛 worry, it all makes sense to lawyers 鈥�
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CommentDamage limitation
Damages-based agreements give parties the freedom to choose how they wish to share the cost and risk of litigation. So, how do they work?
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CommentProject bank accounts: What's not to like?
Project bank accounts provide security of payment to contractors, reduce supply chain risk and even save the client money. They just need to be set up properly
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CommentLondon 2012 suppliers: Big yourself up
Recent reports indicate many eligible firms have yet to apply for a recognition licence from the BOA. But London 2012 suppliers should take advantage - the benefits are well worth it