Legal views – Page 62

  • Tony Bingham
    Comment

    Here’s one I made earlier

    2013-03-01T06:00:00Z

    If a project involves two separate but related disputes, is it fair for one of the parties to send the second adjudicator the first one’s decision?

  • Legal columnist
    Comment

    Legal brief: Resident or non-resident?

    2013-03-01T06:00:00Z

    Westfields Construction Limited vs Clive Lewis shows at what point the Court should assess whether or not a defendant occupies a property

  • John Bosworth
    Comment

    Home-office reshuffle

    2013-03-01T00:00:00Z

    The communities secretary’s proposal to relax planning rules around the conversion of office buildings into homes could have a number of implications for local infrastructure

  • Simon Anderson and Jo Tindall
    Comment

    Employment law: The modern apprentice

    2013-02-22T06:00:00Z

    There is new legislation designed to boost support among potential employers for apprenticeships. We look at how this affects apprentices’ employment status

  • rachel barnes
    Comment

    Delays: A likely story

    2013-02-22T06:00:00Z

    Deciding whether a party causing a delay was responsible for the fall in the market value of a property boiled down to whether that loss was ‘not unlikely’

  • Tony Bingham
    Comment

    Nasty, brutish and short

    2013-02-18T15:30:00Z

    A sad tale of what began as a house extension but ended up involving fraud, personal liability and a murder charge

  • Tony Bingham
    Comment

    Reducing an adjudicator's award

    2013-02-15T00:00:00Z

    If an adjudicator tells you to pay up, can you issue a withholding notice and demand a big cheque instead? Tony Bingham examines a recent judgment

  • JCT
    Comment

    Procurement: Old ways are the best

    2013-02-15T00:00:00Z

    Two surveys on construction procurement show that although the traditional and design and build routes are still favoured, there’s plenty of scope for refinement

  • Francis Ho
    Comment

    IChemE contracts: All part of the process

    2013-02-11T14:00:00Z

    The IChemE contracts covering procurement for chemical process plants have had their first update in years, bringing some important modifications

  • Tony Bingham
    Comment

    Adjudication: The Jitter Bug

    2013-02-06T11:45:00Z

    Can the loser of an adjudication refuse to pay if they’re nervous the money may disappear – never to be seen again – into the winner’s debt pile?

  • Joanne Kelly and John Crowley
    Comment

    A lawyer’s privilege

    2013-02-05T07:00:00Z

    Only legal advice given by a lawyer is exempt from disclosure requirements, according to the Supreme Court. But parliament will need to make a final decision

  • lindy patterson
    Comment

    Power projects: Dealing with defects

    2013-02-04T09:36:00Z

    How and when defects in power projects are corrected depends much on the exact terms of the contract

  • Tony Bingham
    Comment

    The presumption of regularity

    2013-02-01T00:00:00Z

    Challenges to an adjudication in a Scottish court demonstrate the difference between an adjudicator and a lawyer – an adjudicator can act on gut instinct

  • Gillian Birkby
    Comment

    Who's best for BIM?

    2013-01-29T10:37:00Z

    Appointing a BIM manager early on a project is important to gain maximum benefit and avoid disputes. Is there already someone on the team who could take the job on though?

  • John Redmond
    Comment

    Small debts claims: Click and collect

    2013-01-28T12:18:00Z

    Pursuing money owed can be a complex – and costly – business. But there is a simple way to make claims online

  • Tony Bingham
    Comment

    Shard wars

    2013-01-25T00:00:00Z

    A top team of construction folk was assembled to build London’s iconic building, but a Dispute Adjudication Board might have prevented a 12-day High Court bust-up

  • Andrew Campbell
    Comment

    Pension benefits: Retiring types

    2013-01-25T00:00:00Z

    Employers are now obliged to auto-enrol ‘eligible jobholders’ into a pension and pay contributions on their behalf. It amounts to a 3% hit on your payroll so you need to prepare

  • ian yule
    Comment

    Concurrent delays and extension of time

    2013-01-21T10:53:00Z

    What happens when delays have been caused equally by client and contractor? Here are some thoughts from John Marrin QC

  • Tony Bingham
    Comment

    How to force your adversary to reveal all

    2013-01-18T00:00:00Z

    Crushed by claim files and in fear of the adjudicator? Just hope you remembered to include a contract clause that will force your adversary to reveal all

  • Rhianna Wilsher
    Comment

    Keep it local

    2013-01-16T10:53:00Z

    How can construction invest in local communities without violating EU regulations? ConstructionSkills and Trowers Hamlins have produced guidance