Legal views 鈥� Page 79
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The Defective Premises Act: What hole?
Hole? What hole? Ben Worthington, who acted for the project manager on Jenson vs Faux, discussed by Tony Bingham, says the Defective Premises Act has been properly restricted to new dwellings
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CommentThe Defective Premises Act: The hole truth
The lovely new home you just bought is covered by the Defective Premises Act if it鈥檚 a new dwelling. But if it鈥檚 a massive refurb job, you might find yourself in need of a spade
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CommentDamn the expense
The relationship between housebuilders and the NHBC generally works well. But sometimes the home warranty provider can be a bit gung-ho - and go way over the top on costs
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Up, up and away
In tough times, adjudication is increasingly seen as too costly. An escalation dispute procedure offers a quick, cheap alternative that preserves the business relationship
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Going for broke
Adjudication can help companies鈥� cashflow, but what happens in cases of insolvency when there is no cash to flow?
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No more privileges
The Supreme Court has stripped expert witnesses of their immunity from prosecution. But could the fear of being sued make them less likely to admit their mistakes?
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CommentIf the cap fits
A couple who tried to cap the costs in an oral 鈥檆ost plus鈥� contract have received short shrift from the Court of Appeal. Here鈥檚 why 鈥�
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Hold it right there
A recent case shows that fraud is not the only ground upon which a call on an on-demand performance bond can be restrained by an injunction
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CommentContract advice: clauses that risk unravelling your claim
Certain combinations of clauses may have profound consequences for the unsuspecting contractor or subcontractor if the terms are not strictly complied with
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CommentDemolition: Hold off on that wrecking ball
A heritage group has won a major legal battle regarding controls over demolition. It means nearly all demolition now needs planning permission
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CommentDos and Don'ts: Interface issues
In the latest in our series on dos and don鈥檛s, we look at interface issues - what they are and how to manage them when they arise
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CommentSmall domestic disputes often get out of hand
A small domestic building dispute begins with a niggle and ends up like the gunfight at the OK Corral 鈥� but costing thousands of pounds. The pity is, it鈥檚 all so unnecessary
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Comment精东影视 contracts: Setting the standard
The Joint Contracts Tribunal has provided building contracts for 80 years. Today, the challenge is to respond to a changing industry 鈥� but keep costs low
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CommentPrepared for the competition?
It鈥檚 possibly the most significant change in property law for decades 鈥� from this month, commercial property transactions become subject to competition law
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CommentSuspend reality
Make sure you鈥檙e clear on the terms of a contract before suspending for non-payment. If you get it wrong, you could end up being burned
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CommentHow the OFT went OTT
The penalties dished out by the OFT over cover pricing did more harm than the offence they sought to punish. Now the fines have been reduced by 90% and it鈥檚 time to move on
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About the size of it
Small firm Cotswold Geotechnical was fined 115% of its annual turnover under the Corporate Manslaughter Act. But will larger organisations suffer a similar fate?
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CommentA day in the life of a TCC judge
Mr Justice Akenhead: If you鈥檙e one of those who think the life of a judge is one of leisure punctuated by the odd judgment, think again. We don鈥檛 even have time to practise our golf strokes
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Professional indemnity insurance: don't skimp
Professional indemnity insurance isn鈥檛 required by law, so how important can it be? Very 鈥� and remember, cutting back in this area can end in tears if things go wrong
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CommentRetention cash: make me honest 鈥� but not yet
Almost everyone agrees that we should get rid of the practice of withholding retention cash. Even main contractors would be willing - if it wasn鈥檛 such a nice little earner