Legal views 鈥� Page 77
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CommentEnvironmental impact: A thorny issue
The development process can quickly become tangled up in rules governing pre-existing flora and fauna. Here鈥檚 the lay of the land 鈥�
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CommentFair payment: Get some ZZZs
Fair payment. It鈥檚 what we all want, isn鈥檛 it? The government is backing payment promises, coming soon to a contract near you
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CommentTolent clauses: Read but don't weep
The new Construction Act stands accused of letting contractors force subbies into picking up all adjudication costs, but that鈥檚 an overly pessimistic reading of the legislation
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Converted offices: Too much homework
Fancy living in a converted office? The government wants you to but Jay Das thinks it鈥檚 a short-term solution that will create long-term problems
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CommentApportioning loss between a designer and a contractor
Where a designer and a contractor both contributed to a defect, the losses are normally split 20/80. But if the designer鈥檚 duties increase, so do its apportioned costs
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CommentInterim valuations: Doing the sums
Most of us think that a withholding notice is a must if an employer wants to hold back any sums due. But one judge says this only applies to sums in interim valuations
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CommentJCT contracts and the Construction Act
All standard contracts are being revised to conform with the new Construction Act, and the JCT is the first to unveil its payment terms. Here are the changes you need to know
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CommentJudges: So very PC
Judges have a reputation for being stuffy and old fashioned. But they鈥檙e actually as tech-savvy as teenagers and use their skills to speed cases through the courts
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CommentConsequential loss: Network Rail
Consequential loss following a negligent act can mean big money in compensation. Just ask Network Rail
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The Tolent clause: Making a horlicks
Last week the government gave the all clear for the new Construction Act, completely failing to listen to the industry鈥檚 concerns about the Tolent clause loophole
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CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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Whiff of victory
A group of residents accused a landfill site operator of causing a 鈥檔uisance鈥� with unpleasant odours, but the company鈥檚 environmental permit gave it protection
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CommentAdjudication: Use some judgement
Too many adjudicators are out of touch and, frankly, incompetent. Now a senior judge has stepped in with a suggestion on how to improve - he wants them to be more like him
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CommentBecause I鈥檓 worth it
锘緾ontractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
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Difficult jurisdictions: Russia
锘縏oday the Bribery Act comes into force, creating a new risk of being prosecuted for offences committed abroad. With this in mind, Chris Hill focuses on the challenges of operating in Russia
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CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
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CommentArbitration: See you all in court
It鈥檚 a fact of construction that spats often occur between more than two parties on a project - and arbitration isn鈥檛 the best way of dealing with complex multi-party disputes
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Implied terms and the Privy Council
Terms and conditions are stated in a contract, right? So what about all those implied terms that don鈥檛 make it into writing? The Privy Council has a view on this 鈥�
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CommentThe liquidated damages clause: Red card
A 200-year-old law says you can鈥檛 penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness
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CommentBIM disputes are inevitable
The recent US case didn鈥檛 go to court, but eventually we will see legal spats over BIM in the UK - so how will we go about resolving them?