Legal views 鈥� Page 54
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CommentCompulsory pension auto-enrolment: Pensioned off
Next month SMEs, such as the mid-scale and smaller firms in the construction industry, will have to roll out pension arrangements for the first time. We examines some of the issues this raises
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CommentPrepare for mediation
What if one party tries to initiate alternative dispute resolution and the other doesn鈥檛 want to know? Elizabeth Repper writes on some interesting points from a recent case and on how to structure mediation
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CommentAdjudication costs: Winner takes all
New European regulations raise the possibility of adjudication winners being allowed to claim back legal costs from the losing side. But would this contravene the Construction Act?
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CommentWalkie Scorchie: Warming up
Right to light cases are traditionally fairly straightforward, but could the 鈥榃alkie Scorchie鈥� effect change all that? Richard Manyon considers some of the issues
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Comment2014 predictions: Wishful thinking
Ann Minogue offers some hopes and predictions for 2014, and has a bone to pick with the construction industry鈥檚 fairy godmother 鈥�
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CommentConstruction Act: Super size me
When parliament served up adjudication in the Construction Act, it intended it to be a fast, cheap way of sorting out a dispute. But it鈥檚 turned into something much bigger than that.
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CommentProtocol, efficiency and buzzwords: in defence of BIM
Tony Bingham鈥檚 provocative article kicked off a valuable debate. Let鈥檚 look at some of the truths about BIM
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Comment2013: Unlucky for some
Lawyers had plenty to keep them busy this year, with duties of good faith in commercial contracts, lawsuits over blacklisting and confusion over changes to court rules
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CommentSoft Landings: Extra cushions
The Government Soft Landings initiative is designed to keep the project team involved in the operation of public buildings post-completion. But what are the contractual implications?
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CommentHealth and safety: Risky business
Health and safety is a live issue and will remain in the headlines for the foreseeable future. As construction activity picks up, it should not fall down the list of priorities
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CommentAdjudication: Fit for purpose?
Is adjudication serving to resolve small payment disputes and provide cash flow?
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CommentEarly payment schemes: The industry disease
Construction firms claim their early payment schemes give them flexibility, but critics say they are unfair to subcontractors and are killing growth. So who鈥檚 right?
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CommentContracts: Beware the short cut
Many subcontracts try to incorporate main contract terms with a simple phrase or two. But such quick fixes can easily come unstuck - what you really need is certainty
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CommentProfessional advice: The wrong trousers
If you wanted advice on a medical matter, you wouldn鈥檛 turn to your butcher, so why go to a landscape architect when you need design advice? Choose the right person for the job
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CommentContract fatigue?
The continuing desire to bring new standard form contracts to the market is astonishing 鈥� maybe the construction industry should adopt a new year鈥檚 resolution
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CommentAdjudicator jurisdiction: The challenge
This case is useful in exploring issues around whether an adjudicator can have jurisdiction to hear a dispute if there is no contract in writing
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CommentRectification of contracts: Correction facility
Rectification of contracts is not granted lightly by the courts. But where clauses have been intentionally doctored in drafting, this remedy still has an important role to play
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Comment精东影视 maintenance: Someone to watch over me
Whatever the law says, construction folk should raise an almighty stink when buildings such as hotels are not maintained to the latest standards. Public safety may depend on it
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CommentExpert shopping: They're not just for Christmas
Choose carefully when picking an expert to support your case 鈥� replacing them if they don鈥檛 provide the answers you want may prove difficult
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CommentWorth the paper it's written on?
We take a look at the difficult subject of policy wording, and how some insurers are being accused of using warranties and conditions to walk away from claims