Legal views 鈥� Page 73
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CommentThe practices of funders' lawyers in 2011
Funders鈥� lawyers are imposing onerous terms on contractors, passing them off as 鈥榤arket standard鈥�. Here鈥檚 the kind of shenanigans they got up to last year
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CommentLitigation: The long and short of it
Eternity is very long, said Woody Allen - especially towards the end. Here鈥檚 a case that proves the point
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CommentThe legal view: 2011
Not all of this year鈥檚 cuts were bad but not all of the government鈥檚 actions were positive either. Here鈥檚 a round-up of 2011鈥檚 legal developments 鈥�
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CommentSuspending works for non-payment: What's changed?
The right to suspend works for non-payment has been dramatically broadened and it could have a big impact on relations between main contractors and their subbies
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CommentContracts and business common sense
The problem with common sense is that it鈥檚 not that common. At least now the Supreme Court has affirmed that you can use it if a contract is drafted in an ambiguous way
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CommentDispute boards should decide, not recommend
Americans like dispute boards to recommend not make binding decisions, but over here we like a bit more certainty
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The ghosts of Libya: The legal landscape
If you have a business interest in Libya, you鈥檒l be on the edge of your seat wanting to know how the new legal landscape is shaping up there
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CommentJCT consultation: Life cycle considerations
Should life cycle considerations be built into building contracts and project planning? The JCT is launching an industry consultation with this in mind, so start thinking
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CommentRainy Sky vs Kookmin Bank: Common sense prevails
Be reassured that commercial agreements you make will be upheld in a common sense way by the courts, as demonstrated by the Supreme Court鈥檚 recent decision on this case
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CommentCarillion vs Smith: Don't take part if you don't agree
If you don鈥檛 think an adjudication should take place, don鈥檛 just go ahead with it - either press pause or get out altogether
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CommentCarillion vs Smith: Adjudicating the same dispute
The principle that the same dispute cannot go to adjudication twice has just been upheld in the court, making it clear that simply repackaging the issues is not acceptable
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CommentDeeds: Signed, sealed, delivered
Deeds hark back to the time of Dickens and used to be delivered by hand. But how do they work in the 21st century? A recent case reveals the answer
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CommentA quick guide to starting an adjudication
If you decide you need to start an adjudication, how should you go about it? This quick guide helps you through
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CommentProtection against insolvency: Cash back
Construction has a poor reputation when it comes to protecting itself against insolvency risk. So here are some tips on how to stay on top of cashflow
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Dos and don'ts: Settling a dispute
The last installment in our dos and don鈥檛s series helps you avoid the pitfalls when settling a dispute and shows you how to recover your money in full
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CommentThe CITB levy: The great escape
One firm used a trick to try to escape the CITB levy but in the end it was the training board that got itself out of a jam
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CommentAdjudication: More than the final whistle
If an adjudicator fails to decide who owes who what money, you鈥檒l still have to pay up for all the refereeing they鈥檝e done
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CommentMediation: When's the best time?
At any stage in a dispute there are reasons to reject mediation, but, says John Redmond, that doesn鈥檛 mean you should
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Disclosure of Incentives Forms: A help or a hindrance?
From October new rules require housebuilders to make lenders aware of incentives offered to buyers - the idea is to ensure a mortgage offer is based on a true valuation of a property