Legal views – Page 80

  • Comment

    Designing out risk

    2011-03-04T00:00:00Z

    This is the first high-profile prosecution of an architect under the CDM regulations for a site death, and it shows how the onus is on designers to reduce health and safety risks

  • Edward Goodwyn
    Comment

    Why TUPE ruling is bad news for purchasers of pre-pack administrations

    2011-02-28T15:56:00Z

    Ruling could prove costly for buyers of companies in administration as they will now inherit employee contracts

  • Steve Abraham
    Comment

    How can you exit your Libyan contracts?

    2011-02-25T10:47:00Z

    Guidance on ’force majeure’ and the proper steps to take if you need to exit contracts

  • Comment

    Network rail shake-up: light at the end of the tunnel

    2011-02-25T00:00:00Z

    Roy McNulty’s interim report on how to get value for money from the railway sector suggests that train operating companies are set to be turned into quasi developers

  • Tony Bingham
    Comment

    Michael Gove: The bad boy in school

    2011-02-25T00:00:00Z

    The education secretary got his knuckles rapped for bad-temperedly tearing up the BSF rule book. But it won’t stop him getting his way

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    Comment

    Back to basics with professional indemnity claims

    2011-02-25T00:00:00Z

    There may be any number of clever ways to reduce the risk of professional indemnity claims. But why not start with the simplest?

  • dice
    Comment

    O is for ownership, P is for performance

    2011-02-25T00:00:00Z

    Zone out whenever someone uses legal jargon with you? Here’s a handy bluffer’s guide with a look at ownership and performance

  • Tony Bingham
    Comment

    If you want my advice …

    2011-02-18T00:00:00Z

    A couple of part-time developers were relying on their QS’ advice. The trouble is, he didn’t advise them about a specification error that made the project turn a loss

  • Comment

    Common mistakes in… lump sum contracts

    2011-02-18T00:00:00Z

    The latest in a series of dos and don’ts on major projects highlights the provisions in a lump sum contract that mean the price offered by the contractor is far from fixed

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    Comment

    Once upon a time

    2011-02-18T00:00:00Z

    The law determining whether there should be an extension of time when both employer and contractor are to blame for a delay in construction, is in disarray

  • Mark Clinton
    Comment

    What the High Court victory means for BSF

    2011-02-17T09:40:00Z

    Six local authorities won a partial victory against the government’s decision to scrap BSF. What happens next?

  • Nick Chronias, Beachroft
    Comment

    A guide to zero-tolerance in the workplace

    2011-02-11T10:47:00Z

    Laing O’Rourke is not the only employer to take a tough stance on IT misuse, but how far can employers go and how can they ensure staff are treated fairly?

  • Comment

    House rules

    2011-02-11T00:00:00Z

    Consultants are at a greater risk of being sued in the downturn, but if you follow these basic rules, you can mitigate a potential claim

  • Rachel Barnes
    Comment

    Robinson vs PE Jones: Duty in tort

    2011-02-11T00:00:00Z

    A quirk in the law of limitation means a claim for economic loss under a contract has a different time limit from the same claim brought in tort

  • John Redmond
    Comment

    Just cause and impediment

    2011-02-04T00:00:00Z

    Your subcontractor just isn’t up to scratch, so you fire him and hire someone else – but in doing so you stand accused of repudiating the contract. So what are your options?

  • Tony Bingham
    Comment

    Ouch!

    2011-02-04T00:00:00Z

    It’s never good to lose a case, but it must really hurt to then be told you have to pay your opponent’s legal fees, and at double the usual rate

  • Stuart Pemble
    Comment

    Promises, promises

    2011-02-04T00:00:00Z

    Indemnities should oblige another party to take responsibility for your loss, but not if the wording gives them room to wriggle out of paying up

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    Comment

    How to stay out of hell

    2011-01-28T00:00:00Z

    If we treated design as a risk management issue, we’d probably save ourselves vast amounts of time and money sorting out the mess at the construction phase

  • Comment

    Love thy neighbour

    2011-01-28T00:00:00Z

    The Scottish planning system encourages inclusivity and good relationships between developers and communities. Now, that approach will be backed up by law

  • Tony Bingham
    Comment

    How losers win

    2011-01-28T00:00:00Z

    It truly is a topsy turvy world when some companies manage to profit from failing to win a bid for a contract. But that’s European regulations for you …