Legal views 鈥� Page 88
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CommentMJ coulson鈥檚 model answer
Judging construction disputes can be like sitting exams, but at least we can all learn from the results 鈥� as in this case where a builder flunked everything
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Commitment issues
Helen Garthwaite and Brad Fearn聽The carbon trading scheme was launched last week, and you need to know what the new rules could mean for you 鈥� including who will pay for it all
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CommentElectronic disclosure: Paying lawyers to look at porn
Because they get into a court case and have to disclose all kinds of electronic documents, no matter how embarrassing. And the cost of doing that can be spectacular. David Rogers and Debika Ray report on a growing problem
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CommentComing back to haunt us
Bouygues vs Dahl-Jensen, one of the most controversial adjudication cases ever, has just risen from the dead. And it鈥檚 put the willies up a lot of lawyers
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CommentA new form of pest control
If you鈥檙e peeved with an adjudicator鈥檚 decision and start playing silly games rather than comply with it, the likelihood is that you will get clobbered in the courts
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Tendering: Everyone get your trainers on
Employment and skills strategies are being implemented across the construction industry but care needs to be taken when inviting tenders and drawing up the contract
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CommentHow the defence went up in smoke
Here鈥檚 a case where the employer claimed his withholding notices had been burned in a lightning strike and stolen. How was an adjudicator to deal with such matters?
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CommentContracts at the OK corral: Conflicting terms
If contract terms don鈥檛 amount to anything more than a succession of conflicting proposals, expect a legal showdown. What matters then is who fires the final shot 鈥�
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CommentAvoiding disputes: Fancy a game of battleships?
Every contract tells you to issue a notice when something is going wrong. But that launches warships 鈥� and makes it virtually certain that something will go wrong
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Do the paperwork: Illegal workers
The UK Border Agency is cracking down on illegal working and the penalties for employers can be prison or heavy fines. So take care you鈥檙e making all the right checks
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Construction contracts: Unintended consequences
Here鈥檚 a curious story in which the drafters of a contract tried to save a little time and paper, and ended up fundamentally changing the nature of the agreement
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CommentAdjudication: Instant justice
As we all know, an adjudicator鈥檚 decision is binding until a final decision is made by a court or arbitrator, no matter how wrong it is. But that 鈥榝inal decision鈥� can be made very quickly
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CommentSome finishing touches
The Scottish government has ruled that all firms on public sector projects must be paid within 30 days. This is a splendid idea, but a few tweaks are needed to make it work
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CommentThe revenge of Judy Veakins
A company鈥檚 liability for harassment or bullying by one of its managers was brought to attention by a recent case. Tony Bingham sums up the facts 鈥�
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When banter becomes bullying
鈥� and Joy Drummond discusses the implications of the Protection from Harassment Act in the workplace and how firms can avoid getting into trouble
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CommentThis time, it鈥檚 personal
Beverley Flynn聽Data protection laws are set to become much stricter, so now is the time for any company holding employees鈥� personal details to pay more attention to the rules
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CommentWigging out: Litigation costs
Litigation has become so expensive, and the courts so keen to push cases down other settlement routes, that trials may soon be reserved for only the most exceptional cases
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CommentGoing the distance: Relevant information
Here鈥檚 a tale of two sisters who got into a row with their builder, followed by five adjudications and a court case that established some useful case law
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When adjudication won鈥檛 do: Enterprise vs Tony McFadden
When a water contractor went into liquidation, it left behind a complicated set of debts and contracts, and a continuing legal struggle 鈥�
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CommentWhat price, justice?: Jackson's cost review
Lord Justice Jackson has released his recommendations for ways to reduce the cost of litigation and make the courts more accessible. And he鈥檚 done a good job, too