Legal views 鈥� Page 36
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CommentHot tubbing: Rub-a-dub-dub
Hot tubbing, where experts give evidence concurrently, is all the rage in Australia. Now it could be heading to these shores 鈥� except that it鈥檚 been here for 18 years already
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CommentNon-waiver agreements: Striking Gold
A recent TCC judgment does not prove memorable for the details of the case itself but is worth treasuring for the valuable case law reference point it provides
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CommentCheck the interface
On a scheme as big as Umm Al Quwain鈥檚 Firdous Sobha resort steps must be taken to minimize the risks of discord between all the different stakeholders
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CommentBrexit: The winds of change?
A post-Brexit UK could see new industry trends. Will construction management be back on the agenda?
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CommentCase in focus: Adjudication Enforcement
In the first in an occasional series focusing on individual cases, we report on a classic case of contractual uncertainty
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CommentDisclosure of correspondence in litigation
Disclosure of correspondence will be sought by subcontractors in litigation with main contractors.聽But can they withhold details of settlement agreements?
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CommentCollaboration express line
Once I was a sceptic about 鈥榗ollaboration鈥� but I have realised that it鈥檚 all just common sense
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CommentWhat鈥檚 the Brexit strategy?
Leaving the European Union could have a huge effect on the regulatory environment in which the industry operates. Or it could not. It will all depend on the coming negotiations
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CommentEnd of the TUPE line?
After Brexit we may no longer need TUPE regulations to be compliant with EU directives. Does that mean we should get rid of them?
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CommentBrexit: Apocalypse now or just bad weather?
There must be changes to accommodate a new political and economic landscape
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CommentCommercial real estate: Breaking the land bank
Tesco used sale and leaseback transactions to release value from its property portfolio. But would it have been better off keeping the freehold of its own stores?
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CommentIn a state of fluctuation
With inflation levels low, construction contracts are now less likely to offer fluctuation provisions. But the question as to where the risk of price changes should lie has not gone away
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CommentPost-Brexit: Time to get on with things
After last month鈥檚 shock Brexit vote, how will the development market be affected? Now more than ever, firms will need to be proactive
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CommentAdjudication: The corrections
Judges in the TCC will usually say that adjudicators鈥� decisions are there to be enforced. But a Part 8 procedure can be used to alter final decisions on self-contained legal points
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CommentArtificial intelligence: Frankenstein鈥檚 lawyers?
AI programmes are becoming part of legal process. Could construction lawyers could be facing obsolescence?
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CommentClaims for distress: Bit of an upset
Can you put a price on the distress and anxiety caused by a building project that goes awry? Some previous cases provide guidance
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CommentSCL Delay and Disruption Protocol: Take two
Fourteen years after the Society of Construction Law published its first Delay and Disruption Protocol there鈥檚 a draft second edition. So what鈥檚 changed since 2002?
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CommentSettlement agreement: Crossing the line
Does the right to adjudication in the underlying construction contract still apply if you have entered into in a settlement agreement? A recent case in the TCC provides guidance
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CommentMental health issues: Turn the lights on
The industry must make progress on ensuring employees鈥� mental wellbeing 鈥� or brace itself for a rush of legal claims
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CommentUK employment law: Which rules apply?
A Court of Appeal judgment provides clarity on whether UK employment law can apply to foreign nationals employed abroad by British firms