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Oral agreements: All mouth no trousers

2011-10-28T00:00:00Z

It’s easy for two parties to get dug in over quite trifling sums. Here’s a case in point that revolved around the question of oral agreements - only the lawyers enjoyed it

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What's a clause intended to do? It may take precedence over its wording

2011-10-28T00:00:00Z

Don’t rely on legal wording without considering the context of a clause, as a judge may look at its purpose instead

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The prevention principle: Fast forward

2011-10-28T00:00:00Z

When a construction project is delayed nobody wants to take the blame. Here’s how the prevention principle might come into play

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A quick guide to claims arising under a construction contract

2011-10-27T12:56:00Z

A quick guide to the typical claims that may arise on a construction and engineering project

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The Construction Act: Changes to RIBA, PPC200, IChemE and ICC contracts

2011-10-25T11:29:00Z

As well as the NEC and ICC changes, other bodies have updated their contracts in light of the new Construction Act. Here are the main points to look out for

Comment

U is for unliquidated, V is for variation

In the latest of our jargon-busting series, Michael Conroy Harris explains unliquidated damages and variations, for when a project doesn’t go to plan (or contract)

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Impartial arbitration: Tapping into the unconscious

2011-10-21T00:00:00Z

Arbitrators and adjudicators promise to be impartial, but can they be unknowingly biased towards one side?

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The trouble with letters of intent and the law

2011-10-21T00:00:00Z

Here’s a case where a ‘side letter’ was relied upon to clarify the key terms under negotiation. The problem is that such documents may not be deemed legally enforceable

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Aussie rules: The Construction Act in Australia and New Zealand

2011-10-21T00:00:00Z

There has been lots of coverage of the new Construction Act for England and Wales but what about similar legislation in other jurisdictions? Here’s a guide to the antipodes

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Breach of public procurement rules: Henry Brothers (Magherafelt) Ltd & Ors vs Department of Education for Northern Ireland

2011-10-18T12:22:00Z

This case shows that framework agreements can be set aside as a remedy for breach of procurement rules

Comment

BIM: Too many cooks

2011-10-14T00:00:00Z

How do you keep track of what everyone’s up to on a design and build contract? You could use BIM, but it’s a rather complex and costly solution to the problem

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The TCC's new home: Roll with the times

2011-10-14T00:00:00Z

The Technology and Construction Court is an increasingly valuable resource and area of expertise. Its new home reflects this and helps it perform on the world stage

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Work related deaths: Swift justice

2011-10-10T12:17:00Z

The third version of the Work Related Deaths Protocol came into effect on 1 October, and it could see firms responsible for a fatality on their site prosecuted a lot quicker

Comment

Stop charging so much in adjudication

2011-10-07T00:00:00Z

Adjudication is being treated as something it’s not - and spending all this time and money has become a joke

Comment

Hackney Empires vs Aviva Insurance: What happened next?

2011-10-07T00:00:00Z

Act I: Hackney Empire advances its contractor 750k. Act II: the contractor goes bust. Act III: Hackney tries to recover the money under its surety bond. Now, at last, the denouement …

Comment

The Construction Act: Changes to NEC and ICC payment provisions

2011-10-07T00:00:00Z

The new Construction Act has sparked all sorts of changes to payment provisions in contracts - and some could be troublesome. Here’s what to look out for

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PFI projects: For fools rush in ...

2011-09-30T00:00:00Z

With PFI undergoing a possible resurgence, contractors and consultants should apprise themselves of the risks involved before they sign up

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The new Construction Act: Get your act together

2011-09-30T00:00:00Z

The new Construction Act is coming, and I’m afraid you’ll have to get used to it - flaws and all

Comment

Right to renewable energy: Solar eclipse

2011-09-30T00:00:00Z

There is no law guaranteeing a right to energy from renewable sources, meaning that users could have their work undone by a developer plonking a building in their sunlight

Comment

Agreeing costs in adjudication: This one's on me

2011-09-23T00:00:00Z

The new section 108A in the Construction Act allows parties to agree their costs in adjudication - surely this is more worrying than the anti-Tolent amendment?