Legal views – Page 55

  • Peter Hill
    Comment

    The class of 2018

    2013-11-26T10:27:00Z

    Demand for school places is set to rise rapidly over the next few years, particularly in inner-city areas. Does the system need adjusting to free up more land for development?

  • Lindy Patterson
    Comment

    A problem shared

    2013-11-26T10:24:00Z

    Net contribution clauses protect companies from taking all of the blame if another liable party has become insolvent. But it’s important to be sure whose work it covers

  • Tony Bingham
    Comment

    Muddled indemnity

    2013-11-26T10:20:00Z

    The losing party refuses to pay an adjudication award for fear that the winner will go bankrupt before they get to court. Can the winner’s insurers be of help? Don’t bank on it …

  • Steven Carey
    Comment

    What does the Lewisham Hospital decision mean for the NHS estate?

    2013-11-20T06:00:00Z

    Services at Lewisham Hospital were saved by the recent Court of Appeal decision, but at what cost to future capital investment?

  • Tony Bingham
    Comment

    We need to talk about BIM

    2013-11-19T06:00:00Z

    BIM is famously the magic formula that will get the industry working together in peace and harmony. But it looks awfully like a way of shifting risk onto subcontractors …

  • Steve Nichol
    Comment

    Letters of intent: Start as you mean to go on

    2013-11-18T12:11:00Z

    The ongoing dispute between Volkerfitzpatrick and Keller shows the dangers of failing to back up a letter of intent with a finalised, formal subcontract

  • Hamid Yunis
    Comment

    Islamic finance: Open for business

    2013-11-15T06:00:00Z

    David Cameron wants to issue the first Islamic bond outside of the Muslim world. Hamid Yunis, one of the people consulted on the government’s plan, looks at what this could mean for the UK construction sector

  • Nick Henderson
    Comment

    Defining due diligence

    2013-11-15T06:00:00Z

    An obligation to exercise ‘due diligence’ is a common term in construction contracts, but what does this entail? A recent TCC case provides some guidance

  • Francis Ho
    Comment

    Is it time to crack the Code for Sustainable Homes?

    2013-11-14T06:00:00Z

    The government’s Housing Standards Review takes aim at the Code for Sustainable Homes. Our columnist assesses the different options that could replace it

  • Tony Bingham
    Comment

    Alternative dispute resolution: Silence is golden

    2013-11-13T09:08:00Z

    Engaging in an alternative dispute resolution is not compulsory but ignoring an invitation to participate is likely to lead to costs sanctions

  • Stephanie Canham
    Comment

    ECO funding: So what happens now?

    2013-11-13T06:00:00Z

    ECO was supposed to provide support to the government’s Green Deal financing structure – but things haven’t really worked out as planned

  • Computer
    Comment

    E-disclosure: A clearer path?

    2013-11-08T06:00:00Z

    As electronic communication and documents become increasingly ubiquitous, procedures around disclosure have to be updated to keep up

  • Laurence Cobb and David de Ferrar
    Comment

    Corruption: Time for a deep-clean

    2013-11-08T06:00:00Z

    A CIOB survey suggests that corruption is still rife in construction. So what more can be done to remove this stain on the industry’s reputation?

  • Lindy Patterson
    Comment

    Taking over provisons: Risky business

    2013-11-06T06:00:00Z

    Should an employer accept that gaining access pre taking over or practical completion will involve transfer of risk?

  • Tony Bingham
    Comment

    Adjudication rules: Rewrites and wrongs

    2013-11-05T06:00:00Z

    A main contractor can write its own subcontract adjudication rules if it wants, but the chances are they won’t change anything and they could end up as a PR disaster

  • Duncan Salmon and Claire Fallows
    Comment

    Housebuilding: Missing the target

    2013-11-01T11:12:00Z

    The sector is on the up but we’re not building enough to solve the housing crisis. What obstacles does the planning system present and how do these vary around the UK?

  • Laurence Cobb
    Comment

    Practical completion: Are we there yet?

    2013-10-31T15:20:00Z

    Most of the time in life we know when something is finished but how do you define when a building is ready

  • Tony Bingham
    Comment

    Legal costs and interest: Calculators at dawn

    2013-10-30T06:00:00Z

    The parties in the Museum of Liverpool case have just trooped back into court to settle the matter of legal costs and interest to be paid - a battle almost as contentious as the case itself

  • John Redmond
    Comment

    Do your paperwork

    2013-10-29T10:35:00Z

    Design-and-build with novation is an attempt to reconcile the conflicting requirements of single-point responsibility and design control, but to work it needs clarity from the start

  • Sheena Sood
    Comment

    Collaboration: All for one and one for all

    2013-10-25T06:00:00Z

    Alliancing, a form of collaborative working, can make for a non-contentious relationship between parties, foster a no claim/no blame culture and keep costs down. What’s not to like?