All Legal articles 鈥� Page 118
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FeaturesHas the financial crisis killed the construction dispute?
Conventional wisdom says that this downturn will spark an explosion in legal battles as cash-strapped firms pursue the last penny from their partners. So why do disputes seem to be on the wane? 精东影视 and law firm Addleshaw Goddard gather a panel of experts to thrash it out
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CommentThe insolvency exception to the pay-when-paid ban
The Court of Appeal ruling in Hare vs Shepherd gives out-of-pocket subcontractors a chance to challenge the insolvency exception to the pay-when-paid ban
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CommentWhen is an adjudicator鈥檚 decision binding?
When there鈥檚 more than one adjudication in a dispute, then the decision made by the first adjudicator binds the others, right? Well, it all depends what kind of decision it was
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CommentCan councils stop Gove scrapping BSF?
Government could be forced to fund culled BSF projects after Judge forces issue into the High Court
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CommentA little local difficulty
Tony Bingham When the communities secretary decided he couldn鈥檛 wait for the Localism Act to abolish regional spatial strategies, he didn鈥檛 count on Cala Homes
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CommentChinks in the NEC armour
The NEC contract has been notable by its absence in disputes that end up in court. But recently there have been several judgments that point up some weaknesses
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CommentOutstanding novation
Rachel Barnes If no formal novation agreement exists between a contractor and a consultant but they act as if there was, a court may accept that the intention was to create an appointment
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Fancy a dip in the hot-tub?
Hot-tubbing, or concurrent evidence, is a tool that allows experts to tell the court how it is without being cross-examined. Charles Blamire-Brown looks at the pros and cons
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CommentProving economic duress
Some construction clients are trying to force their suppliers to drop prices. But the courts will come down hard on those who rely on illegitimate threats and financial leverage
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Comment
Dismissing contractors
An employer who finds a defect during construction may be tempted to dismiss the contractor. But the contractor can fire back that the work shouldn鈥檛 be judged until it鈥檚 finished
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CommentNo complaints: Holystone vs Volker Stevin
Here鈥檚 a court case of an adjudication that went to enforcement, in which all four arguments a party used in its defence were defeated 鈥�
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Comment
How to claim interest
There is no common-law right to interest when someone is late paying you, so providing for it in the contract is best. Even without that, you鈥檝e still got a fighting chance
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CommentLet鈥檚 rebuild our legal system
The fundamental truth about contract law is that those who use it don鈥檛 understand it, and so it endangers their survival. Shouldn鈥檛 the government rethink the whole thing?
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CommentDifficult jurisdictions: Libya
In the first of a series on difficult jurisdictions, Chris Hill turns the focus on Libya where the opportunities are on a par with its challenges
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Comment
Future of education looks prefab
Local authorities were due to find out this week how much they will have available to spend on schools. Labour鈥檚 拢55bn 精东影视 Schools for the Future (BSF) programme has been abolished and the coalition has pledged to spend 拢15.8bn improving the school estate.
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精东影视CB&I must pay blacklisted worker 拢20k
Contractor is the first to face action in an employment tribunal after last year鈥檚 discovery of a blacklist
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精东影视Pickles: Localism Bill to be introduced "within days"
Secretary of state says that the bill will be introduced to parliament within 鈥渄ays鈥�
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CommentWhat鈥檚 wrong with tradition?
Let鈥檚 not write off conventional contracting just yet, as some would have us do. Used in the right place at the right time, it is just as robust as any other procurement method
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CommentFour little letters that say 鈥榩ay up鈥�
Here鈥檚 another contract-not-in-writing-so-you-can鈥檛-go-to-adjudication-but-do-anyway-so-everyone-ends-up-in-the-High-Court case. With a twist 鈥�
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Comment
Common mistakes in ... multiparty disputes
In the third in a series on dos and don鈥檛s on major projects, Ben Mullard offers his tips on how to better your chances of victory in multiparty disputes