Legal views 鈥� Page 99
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CommentThat bubble, reputation
What happened at BAE should have us all thinking about not just the legality of what we do but the morality. Our good names can so easily be damaged, even lost
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Comment
The villains of the piece
Rudi Klein聽So should the 112 firms accused by the OFT be hung, drawn and quartered? Or were there some mitigating circumstances 鈥�
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CommentDon鈥檛 get your knickers in a twist
In its enthusiasm to paint our industry as a bunch of dodgy operators, the Office of Fair Trading has got the whole cover pricing and bid rigging business mixed up
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CommentExclusion clauses: A chink of light
Are exclusion clauses enforceable? Hitherto, the courts have shed little light on the matter, but a recent Court of Appeal decision makes things much clearer
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CommentAre you listening?
Put four fabulous speakers in a room and get some of the country鈥檚 top adjudicators to sit down in front of them. The result is a fascinating conference we can all learn from
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CommentNEC: Smooth operator
The Olympic Delivery Authority has chosen the NEC contract in the hope that it will keep the job moving efficiently. But it will only work if it鈥檚 well enough resourced
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CommentConfidentiality in mediation: Do the decent thing
It really can鈥檛 be stressed enough that what goes on between consenting parties in a mediation is nobody鈥檚 business but theirs. If you don鈥檛 believe that, consider the following case
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CommentA sackload of trouble
Can a party to an adjudication introduce evidence that wasn鈥檛 previously disclosed if it fundamentally alters the original claim? The answer used to be no, but a recent judgment may have reversed this
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CommentSplendid isolation
Mediation is an excellent alternative to court proceedings, but these days the two forms of dispute resolution are getting mixed up. Mediation should be left to its own devices
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CommentThe land of make-believe
The building industry should sit up and take notice of the McCartney/Mills divorce settlement: there are some valuable lessons to be learned, particularly when it comes to putting your side of the story to the court
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CommentAldi vs WSP Group: Piercing the cover field
Many people automatically assume that the insurer will pay out simply because the premium has been paid when a claim is made. But there are certain grounds on which the insurer can refuse to pay
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CommentDough well spent
If writing a bad review of a pizza restaurant can land you in court, just think what writing a review of a book by a leading construction judge does to the old ticker. Luckily, it鈥檚 a fabulous book 鈥� no, really
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CommentIntroducing McPFI
A new form of PPP model is being tried out in Scotland that will affect the way projects are refinanced and how profits are distributed
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CommentCollateral warranties: Lost and found
聽The use of the word 鈥榗osts鈥� instead of 鈥榣osses鈥� in collateral warranties can cause much confusion as to what exactly is being referred to and who is liable for what
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CommentCantillon vs Urvasco: Adjudication 谩 la carte
The case of Cantillon vs Urvasco suggests that the parties, the adjudicator and the enforcing court have a great deal of latitude when it comes to presenting arguments and judging them
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CommentSupercasinos: Manchester鈥檚 legal gamble
Manchester council says it may sue over the decision to axe the supercasino. But will it succeed? And what are the wider questions for construction?
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CommentJCT 精东影视 Management contract
The concept of the management contract has come in for a lot of flak from a lot of critics in the past but the new JCT model is certainly the best in class
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CommentReinwood vs Brown: So much for common sense
The Law Lords are having a high old time with the Construction Act 鈥� first there was Melville Dundas, now it鈥檚 Reinwood vs Brown. Both come down in favour of the employer, but will our industry understand why?
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CommentThat鈥檚 the way the money goes
聽Paying for materials in order to reserve them is common practice when they are in short supply. Just make sure you follow a few guidelines when doing so to avoid trouble
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CommentChop, chop
Mr Justice Jackson must wake up in a cold sweat thinking about Multiplex and Cleveland Bridge, because everytime he thinks the hydra of litigation has been slain, another two heads pop up