Legal views 鈥� Page 86
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Halting a project: Breaking up is hard to do
With funding cuts looming over the industry, clients may want to stop projects at short notice. How can they protect themselves against subsequent damages claims?
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CommentThe Candys' court victory was a hollow one
Our legal blogger looks at the crux of the Chelsea Barracks case and why the supposed winner may not be celebrating its entitlement to compensation
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CommentDuty of care: Who cares?
A recent case has tried to clarify when a duty of care arises. But it remains an area blighted by arbitrariness and uncertainty
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CommentPage turners: Society of Construction Law essay prize
The winners of this prestigious prize have some clever things to say about delays and quantum meruit disputes. Their papers are all must-reads
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Buying a business: Gods of small things
If you鈥檙e planning to buy a business in our fragile economy, you need to know what you鈥檙e getting. So use lawyers who will scrutinise every little contract
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CommentTaxing times for construction
While increased VAT is a blow, other tax measures will benefit the industry
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CommentWell-defended settlements
Showing that settlement costs are unreasonable is a difficult task, as the installer of a defective sprinkler found when Siemens chased it for payment
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CommentJudges in their own cause
Architects are always unbiased and even-handed when awarding extensions of time under usual forms of contract. Except, of course, when the reason is their own negligence
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CommentJust looking
Beware if you shop around for an expert, as the court may demand that you reveal the reports that you rejected
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CommentHow to avoid World Cup sickies
If you want to avoid a sudden rise in sick leave among staff over the next month you need to take some practical steps now鈥�
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CommentSimple game, tricky rules
Here鈥檚 a conundrum for you: What happens if part of a contract is within an adjudicator鈥檚 jurisdiction and part is outside? And if a decision is made on all of it, is it enforceable?
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Defective work: Making amends
If you鈥檙e an employer cheesed off with a contractor鈥檚 work, it鈥檚 tempting to get someone else in to sort it out, then claim for the costs. Here鈥檚 why you should count to 10
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Contracts in writing
Until now, a contract has had to be in writing for a dispute to be referred for adjudication鈥�
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CommentAlternative medicine
How do I 鈥β燼void going to court? Litigation can leave you with a headache, not to mention a large hole in your wallet. But disputes do not have to end up in the courts, says Paul Flook
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CommentAn idiot鈥檚 guide to stupid questions
An implied term in a contract used to be defined as something that only a fool would ask about. Well, thanks to Lord Hoffman, it鈥檚 not quite that simple anymore
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CommentThe foundations of a good decision
From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson
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Face the facts
Part eight of the civil procedure rules is a useful tool for getting the court to make a declaration in your favour - but not if there is a dispute over what actually happened
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CommentThe salami olympics: how to spot a fraudster
The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here鈥檚 how to spot them
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CommentThe big law society
Ann Minogue聽The more disputes are settled in adjudication, the more likely it is that areas outside our industry will have a bearing on how construction law develops
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CommentCourt isn鈥檛 all it鈥檚 cracked up to be
The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes 鈥� so why not adopt adjudication?