Legal views 鈥� Page 71
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CommentInterim decisions and disputes: The benefit of hindsight
Decisions made during a construction project that are later reviewed can split opinion, with some parties in a dispute asking an adjudicator to ignore what actually went on to happen
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CommentRefusing to pay an adjudicator's award: Dicing with disaster
Refusing to pay an adjudicator鈥檚 award because you think it will be overturned further down the road can be a dangerous and expensive game
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CommentNew procurement strategies and legal contracts
The government鈥檚 plan to become a smarter client is coming into clearer focus with the publication of three procurement models, to be trialled alongside three different contracts
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CommentPublic procurement decisions and EC rules
The unfair treatment of a Scottish council tenderer raises the question of whether EC procurement rules apply if the contract is of no interest to parties outside the UK
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CommentThe Olympics delaying other projects: the legal issues
If construction projects in London are hit by delays caused by the Olympics, who bears the risks? Not all contracts will have clauses to deal with this 鈥�
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CommentExpert witnesses of opinion: Takes one to know one
A negligence case against a professional often, but not always, benefits from the opinion of an expert in the same field
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CommentNew provisions in the Construction Act: To be judged
Different interpretations of the wording of the new Construction Act are causing confusion, and until the new provisions reach the courts this is unlikely to change
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CommentKnowing when time limits for legal action start
There are time limits for commencing legal actions but the really tricky part is knowing at what point the clock starts
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Tax changes in April: A trap for the unwary
Changes to capital allowances mean that from April, if you don鈥檛 get the tax treatment of fixtures for a new building right, you could be scuppering your chance to sell it
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CommentAfghanistan: The legal landscape
The decision to open up its mines may create a host of opportunities in Afghanistan for foreign firms - for those familiar with its legal system
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CommentThe urge to win in court: Playing dirty
Here鈥檚 a case that carries a warning to parties in a dispute that fighting your corner too viciously may cost you dearly in the long run
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CommentMinimising the risks if your contractor might go bust
A developer is in a tough spot if he suspects his contractor might go bust - insolvency is not a breach of contract, and if he terminates it incorrectly there may be trouble
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CommentTime to invest in training and education
The Joint Contracts Tribunal has been calling for an educated workforce - if only to keep them out of trouble
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CommentRefusing to mediate can be costly
If you refuse to mediate and the court deems this unreasonable, you鈥檒l need to give a good reason why or face the consequences
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CommentAdjudicators 'taking the initiative'
Adjudicators on construction cases are allowed to 鈥榯ake the initiative鈥� to establish the facts but straying too far from the path can have severe consequences
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Know your novation: What's changed?
Novation may be a familiar story but don鈥檛 get complacent about it - there鈥檚 an unexpected sub-plot with hidden traps set by the Construction Act
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CommentBIM and legal issues: Model behaviour
BIM could throw up all kinds of legal issues around liability when a project goes wrong. A clear implementation plan is needed from the outset
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CommentCould Cala row prompt further planning guidance?
Ian Ginbey argues that Eric Pickles鈥� latest defeat may have repercussions across the planning system
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CommentPayment under NEC3: Project managers' interim assessments
This recent case highlighted the fact that interim assessments of valuations are generally valid - until proven otherwise
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CommentInformal legal advice: Breaking the 11th commandment
Judges will condemn any adjudicator who breaks the 11th commandment and asks a lawyer for advice on a case but doesn鈥檛 formally declare it