Legal views 鈥� Page 96
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CommentThere once was an ugly duckling
If your adjudication claim鈥檚 feathers are all tattered and torn, it ought to fail. But what if your kindly adjudicator decides that it might turn into a swan later on?
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Wobbly contractor syndrome: paying subcontractors directly
Our third article on the legal implications of the downturn looks at what happens when a main contractor risks going bust and a client wants to pay its subbies directly
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CommentCSC Brawhead Leisure and Capital & Regional vs Laing O'Rourke: Is that your final answer?
When a ceiling collapsed at a Scottish cinema project, the client started an adjudication against Laing O鈥橰ourke. Here鈥檚 what happened next 鈥�
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CommentThe day I got a kick in the pants: The differences between adjudication and litigation
Here鈥檚 a case that should lift us up by the scruff of the neck and wring any idea out of us that adjudication is the same as litigation. It isn鈥檛 鈥� and that鈥檚 precisely why it鈥檚 so good
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Benfield Construction vs Trudson
The CaseThe defendant, Trudson (Hatton) (鈥淭rudson鈥�), engaged the claimant, Benfield Construction (鈥淏enfield鈥�) to carry out the design and construction of two houses and external works near Hatton in Warwickshire. The works became seriously delayed and the date for completion of 29 September 2006 past. Subsequently, on 17 August 2007, a ...
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CommentPPC2000 upgrade: Our new three piece suite
The partnering forms known as PPC, SPC and TPC have just been upgraded to take advantage of lessons learned in the eight years since their launch. Here鈥檚 how
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CommentWembley stadium: Grudge match
The Multiplex vs Cleveland Bridge dispute is an example of what happens when a case gets overtaken by blind emotion: both sides lose a lot of money they could have kept
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CommentDinmore vs Treasure: Jumpers!
Some people chomp at the bit to get their case to court. Here鈥檚 the case of a construction company that went three times and won them all 鈥� but at what cost
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CommentUAE legal series: A Thousand and One laws
As more and more UK firms set out to mend their fortunes in the Gulf, Mark Blanksby begins a series of articles explaining how the legal system works there
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CommentDispute resolution boards in Dubai: First dabs
Resolving construction disputes in Dubai can be complex, but dispute resolution boards can help prevent such wrangles arising in the first place
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CommentConstruction products regulations: Let鈥檚 try it another way
The European commission is planning to strengthen the construction market by replacing the Construction Products Directive (CPD) with a new piece of regulation that will remove all remaining obstacles to the free circulation of construction products in the European Economic Area (EEA) on 26 May.
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CommentRICS consultancy form: A false friend
The RICS鈥� forms for appointing consultants may be easy to use, but they have some distinctly hostile implications for those who sign them without amendment
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CommentConstruction Act payment rules: Unspeakable
One problem that has bedevilled the Construction Act鈥檚 payment rules is finding a few simple sentences that explain what they actually are 鈥�
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Lianakis AE v Alexandroupolis: Ability don't enter into it
The European Court of Justice has made it clear that public bodies cannot take account of a bidder鈥檚 capacity to do the job at the award stage
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CommentNovation: Wise precautions
If you鈥檙e a contractor and you鈥檙e asked to accept the novation of a consultant, make sure it really is going to be joining you 鈥� and be careful which form you use
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CommentCivil Engineering vs VGC Construction: Did you hear the one about鈥�?
聽鈥� the subcontractor who put in a claim for 拢300k with no supporting evidence? Well the parties ended up telling it to the judge, who supplied a rather surprising punch line
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CommentCJP Builders vs William Verry: Some verry fine distinctions
This case highlights the importance of adjudicators giving parties the chance to be heard. But in other cases they are right to disregard submissions
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CommentCEDR adjudicators: Fast relief for aches and pain
Here鈥檚 a new cure for those heated disputes: wait until adjudication comes to an end, don鈥檛 tell the parties who鈥檚 won what, then ask if they fancy a bit of mediation. Hey, it works
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CommentA matter of some interest: Ruttle vs secretary of state for the environment
It can be difficult to judge when interest on money owed starts to run. But firms will get short shrift from the courts if they claim without having issued an invoice first
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CommentBy personal appointment: Makers v Camden
When a company in a dispute suggested a particular adjudicator be appointed to its case, the other party was incensed. Here鈥檚 what happened 鈥�