Legal views 鈥� Page 79
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CommentDemolition: Hold off on that wrecking ball
A heritage group has won a major legal battle regarding controls over demolition. It means nearly all demolition now needs planning permission
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CommentDos and Don'ts: Interface issues
In the latest in our series on dos and don鈥檛s, we look at interface issues - what they are and how to manage them when they arise
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CommentPrepared for the competition?
It鈥檚 possibly the most significant change in property law for decades 鈥� from this month, commercial property transactions become subject to competition law
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CommentSuspend reality
Make sure you鈥檙e clear on the terms of a contract before suspending for non-payment. If you get it wrong, you could end up being burned
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CommentHow the OFT went OTT
The penalties dished out by the OFT over cover pricing did more harm than the offence they sought to punish. Now the fines have been reduced by 90% and it鈥檚 time to move on
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About the size of it
Small firm Cotswold Geotechnical was fined 115% of its annual turnover under the Corporate Manslaughter Act. But will larger organisations suffer a similar fate?
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CommentA day in the life of a TCC judge
Mr Justice Akenhead: If you鈥檙e one of those who think the life of a judge is one of leisure punctuated by the odd judgment, think again. We don鈥檛 even have time to practise our golf strokes
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CommentRetention cash: make me honest 鈥� but not yet
Almost everyone agrees that we should get rid of the practice of withholding retention cash. Even main contractors would be willing - if it wasn鈥檛 such a nice little earner
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Professional indemnity insurance: don't skimp
Professional indemnity insurance isn鈥檛 required by law, so how important can it be? Very 鈥� and remember, cutting back in this area can end in tears if things go wrong
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CommentHow clients can protect themselves from contractors that underbid
A legal view on tightening up contract terms and using two-stage procurement to route out unrealistically low bids
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CommentQuantum issues
When defects emerge after work is complete the immediate concern is rectifying them. But how you do that will affect the quantum issues in court and how much you recover
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It wasn鈥檛 me
If you don鈥檛 know how to do something you call in a specialist, right? Well, if you鈥檙e a consultant on a construction project, beware. Here鈥檚 a few tips to keep in mind 鈥�
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CommentTwenty-eight day adjudication: the point and pitfalls
A little domestic case of an extended deadline outlines the point - and pitfalls - of 28-day adjudication
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Consultancy errors: It wasn't me
If you don鈥檛 know how to do something you call in a specialist, right? Well, if you鈥檙e a consultant on a construction project, beware. Here鈥檚 a few tips to keep in mind 鈥�
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CommentOFT reduced fines: A vindication for construction?
The Competition Appeal Tribunal described the fines as 鈥檈xcessive鈥� but that doesn鈥檛 mean cover pricing is suddenly okay
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好色先生TV sports venues: It's only a game
Construction projects notoriously run over time, but when you are building a venue for an international sports event, time is of the essence. Here鈥檚 a few things to bear in mind
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Don't be 'wilfully blind' to finance issues
A recent example of a firm going bust shows the risks company directors take if they neglect their duty to creditors and are 鈥檞ilfully blind鈥� to problems their business may face
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CommentProcedure costs: Please translate
If a judge wants a specific document prior to trial that one party has never heard of, you鈥檇 expect someone to ask for clarification. Not in this, unnecessarily expensive, case
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CommentWhere's the justice?
Access to the courts is available to all, in theory. But if potential litigants are forced to mediate first, the costs become prohibitive, undermining our entire justice system
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CommentUncontrollable forces
In times of crisis, such as the recent upheaval in the Middle East, force majeure clauses in contracts come into play. So when and how do they work?