Legal views – Page 80
-
Comment
How clients can protect themselves from contractors that underbid
A legal view on tightening up contract terms and using two-stage procurement to route out unrealistically low bids
-
Comment
Quantum issues
When defects emerge after work is complete the immediate concern is rectifying them. But how you do that will affect the quantum issues in court and how much you recover
-
Comment
It wasn’t me
If you don’t know how to do something you call in a specialist, right? Well, if you’re a consultant on a construction project, beware. Here’s a few tips to keep in mind …
-
Comment
Twenty-eight day adjudication: the point and pitfalls
A little domestic case of an extended deadline outlines the point - and pitfalls - of 28-day adjudication
-
Comment
Consultancy errors: It wasn't me
If you don’t know how to do something you call in a specialist, right? Well, if you’re a consultant on a construction project, beware. Here’s a few tips to keep in mind …
-
Comment
OFT reduced fines: A vindication for construction?
The Competition Appeal Tribunal described the fines as ’excessive’ but that doesn’t mean cover pricing is suddenly okay
-
Comment
¾«¶«Ó°ÊÓ sports venues: It's only a game
Construction projects notoriously run over time, but when you are building a venue for an international sports event, time is of the essence. Here’s a few things to bear in mind
-
Comment
Don't be 'wilfully blind' to finance issues
A recent example of a firm going bust shows the risks company directors take if they neglect their duty to creditors and are ’wilfully blind’ to problems their business may face
-
Comment
Procedure costs: Please translate
If a judge wants a specific document prior to trial that one party has never heard of, you’d expect someone to ask for clarification. Not in this, unnecessarily expensive, case
-
Comment
Where's the justice?
Access to the courts is available to all, in theory. But if potential litigants are forced to mediate first, the costs become prohibitive, undermining our entire justice system
-
Comment
Uncontrollable forces
In times of crisis, such as the recent upheaval in the Middle East, force majeure clauses in contracts come into play. So when and how do they work?
-
Comment
Designing out risk
This is the first high-profile prosecution of an architect under the CDM regulations for a site death, and it shows how the onus is on designers to reduce health and safety risks
-
Comment
Why TUPE ruling is bad news for purchasers of pre-pack administrations
Ruling could prove costly for buyers of companies in administration as they will now inherit employee contracts
-
Comment
How can you exit your Libyan contracts?
Guidance on ’force majeure’ and the proper steps to take if you need to exit contracts
-
Comment
O is for ownership, P is for performance
Zone out whenever someone uses legal jargon with you? Here’s a handy bluffer’s guide with a look at ownership and performance
-
Comment
Network rail shake-up: light at the end of the tunnel
Roy McNulty’s interim report on how to get value for money from the railway sector suggests that train operating companies are set to be turned into quasi developers
-
Comment
Michael Gove: The bad boy in school
The education secretary got his knuckles rapped for bad-temperedly tearing up the BSF rule book. But it won’t stop him getting his way
-
Comment
Back to basics with professional indemnity claims
There may be any number of clever ways to reduce the risk of professional indemnity claims. But why not start with the simplest?
-
Comment
If you want my advice …
A couple of part-time developers were relying on their QS’ advice. The trouble is, he didn’t advise them about a specification error that made the project turn a loss
-
Comment
Common mistakes in… lump sum contracts
The latest in a series of dos and don’ts on major projects highlights the provisions in a lump sum contract that mean the price offered by the contractor is far from fixed