Legal views 鈥� Page 52
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CommentForum shopping: Retail therapy
Tempting as it may be to shop around for your preferred adjudicator, the courts won鈥檛 look kindly on it - and you might end up with a longer dispute than you bargained for
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CommentGuaranteeing the guarantees
What happens when a firm agrees to deliver a bond or collateral warranty and then fails to do so? Mr Justice Ramsey, it seems, thinks ordering specific performance may be a solution
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CommentThird party funding: A third wheel?
Stopjoin Projects Ltd vs Balfour Beatty Engineering Services highlights issues which arise when third parties get involved in financing construction companies
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CommentOffshore wind power: Winds of change
Legal and regulatory hurdles are making offshore wind power unneccessarily expensive. Before the next round of projects is procured, we need to cut the costs in half
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CommentJackson Reforms: Justice going cheap
Andrew Mitchell found himself falling foul of the new Jackson Reforms when it came to costs in the 鈥楶lebgate鈥� case. But what will the changes mean for construction disputes?
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CommentJackson Reforms: Spare us the rod
The Jackson reforms address unacceptable practices in some civil courts 鈥� none of which occurred in the TCC. So why are the same measures being imposed on construction litigation?
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CommentChoosing subcontractors: My choice but your fault
What happens when the client wants to have its cake and eat it by choosing the subcontractors but making the main contractor wholly responsible for their performance?
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CommentPayment applications: Good housekeeping
Challenges can be prevented or fought off by clearly marking payment applications and ensuring that all references in an adjudication submission are consistent and correct
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CommentArbitration: You get what you pay for
The choice between litigating and arbitrating a dispute is becoming starker. Some may go back to arbitration, but does it really matter?
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CommentStatutory limitation periods: The sense of an ending
If a statutory limitation period for making a claim can begin with the adjudicator鈥檚 decision, disputes can potentially drag on for over a decade. There may be a solution lurking in NEC3 鈥�
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CommentBIM and the dark arts of insurance
Insurers are begining to adapt to BIM and to see its opportunities
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CommentCaps on liability?
Liability caps have been around for a long time but are they the hot topic for 2014?
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CommentWomen in construction: Can we bridge the gap?
With skills shortages threatening the sector how can we make sure that the best and brightest women are being encouraged to join the world of construction?
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CommentThe foresight of negligence
From a frightening beginning, this claim around negligence would appear to reach a fairly sensible conclusion
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CommentEarly conciliation: We can work it out
The introduction of early conciliation next month offers a welcome intervention in the rising tally of workplace disputes
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CommentAdjudication: Silence is not an option
A few weeks ago Tony Bingham wrote on challenges to an adjudication in the case of Twintec vs VolkerFitzpatrick. Here Hamish Lal questions some of his conclusions
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CommentWill Sir David Higgins' HS2 report mark a turning point?
Even if the government accepts this report鈥檚 recommendations, the Hybrid Bill鈥檚 passage through parliament will be a long one
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CommentLetters of intent: Paved with good intentions
The motivation for signing a letter of intent may be admirable, but the trouble they can cause should not be underestimated, as a recent case involving engineer VolkerFitzpatrick shows
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CommentAdjudication: Running repairs
Adjudication has proved very successful in keeping construction disputes out of the courts, but the system needs a few tweaks to make sure it continues to operate smoothly
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CommentLetters of intent: Cruel intentions
Parties can find themselves skating on thin ice when they proceed under a letter of intent and inevitably fail to finalise a formal contract