Legal views 鈥� Page 87
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CommentHow to avoid World Cup sickies
If you want to avoid a sudden rise in sick leave among staff over the next month you need to take some practical steps now鈥�
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CommentSimple game, tricky rules
Here鈥檚 a conundrum for you: What happens if part of a contract is within an adjudicator鈥檚 jurisdiction and part is outside? And if a decision is made on all of it, is it enforceable?
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Defective work: Making amends
If you鈥檙e an employer cheesed off with a contractor鈥檚 work, it鈥檚 tempting to get someone else in to sort it out, then claim for the costs. Here鈥檚 why you should count to 10
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Contracts in writing
Until now, a contract has had to be in writing for a dispute to be referred for adjudication鈥�
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CommentAlternative medicine
How do I 鈥β燼void going to court? Litigation can leave you with a headache, not to mention a large hole in your wallet. But disputes do not have to end up in the courts, says Paul Flook
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CommentAn idiot鈥檚 guide to stupid questions
An implied term in a contract used to be defined as something that only a fool would ask about. Well, thanks to Lord Hoffman, it鈥檚 not quite that simple anymore
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CommentThe foundations of a good decision
From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson
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Face the facts
Part eight of the civil procedure rules is a useful tool for getting the court to make a declaration in your favour - but not if there is a dispute over what actually happened
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CommentThe salami olympics: how to spot a fraudster
The Olympics is going to be bounty time for fraudsters, who will be slicing away at the budget whenever they get the chance. Here鈥檚 how to spot them
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CommentThe big law society
Ann Minogue聽The more disputes are settled in adjudication, the more likely it is that areas outside our industry will have a bearing on how construction law develops
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CommentCourt isn鈥檛 all it鈥檚 cracked up to be
The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes 鈥� so why not adopt adjudication?
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Hamish Lal: Bare realities
Hamish Lal聽The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today 鈥� including that the money will run out
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Expert determination: A short cut through a swamp
Plumping for expert determination to resolve a dispute may sound like a quick, cheap, hassle-free alternative to adjudication or litigation. But it ain鈥檛 necessarily so
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All things considered
Adjudicators have it drummed into them that they should decide the dispute in the notice of adjudication. Here鈥檚 a case that shows there is some room for flexibility
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Judges unleashed
Simon Tolson聽Unlike the restrained and remote judges of the past, many now snap at the ankles of the advocates to ensure cases proceed in the way they should
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CommentThis one鈥檚 on you
Tony Bingham聽Tolent clauses, which make the party that refers an adjudication pay all the legal costs, are to be outlawed by the Construction Act 鈥� but a judge has just got there first
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Running out of common sense
Shy Jackson聽One area where the judges are struggling to make up their minds is the 鈥榳ithout prejudice鈥� rule. Here鈥檚 a rundown of the arguments, and the spats, among our learned friends
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CommentYour next assignment
James Duckworth and Charles Jakeman聽Transferring construction agreement benefits between parties requires care and attention, especially when dealing with the 鈥榥o loss鈥� defence
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CommentIn praise of doing less: adjudication scheme
The scheme for adjudication is being redrafted to fit the new (deep breath) Local Democracy, Economic Development and Construction Act. If only they would write it on just one page
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The reckoning
Fiona Gill and Mark Roach聽So what did the Labour party do for (or to) construction during the past 13 years? And what will happen if the Conservatives take over?