Legal views 鈥� Page 63
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CommentSacred and profane
Tony Bingham鈥檚 surprise at the decision in Acardis vs May Baker missed the point. Far from a clash between 鈥榟igh church鈥� and 鈥榮ecular鈥�, it represented a victory for common sense
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CommentRecognising the principle of good faith
English law does not recognise the principle of good faith in contracts but now a High Court judge has said it鈥檚 about time that it does
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CommentLegal brief: Victory for landlords 鈥� but at a price
The Supreme Court overturned a Court of Appeal judgment on residential service charges yesterday in the case of Daejan Investments vs Benson
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CommentVacant possession: Occupied territory
Redeveloping a property can become difficult if there are tenants involved. We examine the issues that landlords should be aware of before trying to start work
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CommentRetention: DIY for law makers
Patton Group is just the latest contractor to collapse while owing millions of pounds in retentions. How hard could it possibly be for our MPs to build a ring-fence for these funds?
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CommentHere鈥檚 one I made earlier
If a project involves two separate but related disputes, is it fair for one of the parties to send the second adjudicator the first one鈥檚 decision?
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CommentLegal brief: Resident or non-resident?
Westfields Construction Limited vs Clive Lewis shows at what point the Court should assess whether or not a defendant occupies a property
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CommentHome-office reshuffle
The communities secretary鈥檚 proposal to relax planning rules around the conversion of office buildings into homes could have a number of implications for local infrastructure
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CommentEmployment law: The modern apprentice
There is new legislation designed to boost support among potential employers for apprenticeships. We look at how this affects apprentices鈥� employment status
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CommentDelays: A likely story
Deciding whether a party causing a delay was responsible for the fall in the market value of a property boiled down to whether that loss was 鈥榥ot unlikely鈥�
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CommentNasty, brutish and short
A sad tale of what began as a house extension but ended up involving fraud, personal liability and a murder charge
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CommentReducing an adjudicator's award
If an adjudicator tells you to pay up, can you issue a withholding notice and demand a big cheque instead? Tony Bingham examines a recent judgment
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CommentProcurement: Old ways are the best
Two surveys on construction procurement show that although the traditional and design and build routes are still favoured, there鈥檚 plenty of scope for refinement
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CommentIChemE contracts: All part of the process
The IChemE contracts covering procurement for chemical process plants have had their first update in years, bringing some important modifications
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CommentAdjudication: The Jitter Bug
Can the loser of an adjudication refuse to pay if they鈥檙e nervous the money may disappear 鈥� never to be seen again 鈥� into the winner鈥檚 debt pile?
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CommentA lawyer鈥檚 privilege
Only legal advice given by a lawyer is exempt from disclosure requirements, according to the Supreme Court. But parliament will need to make a final decision
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CommentPower projects: Dealing with defects
How and when defects in power projects are corrected depends much on the exact terms of the contract
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CommentThe presumption of regularity
Challenges to an adjudication in a Scottish court demonstrate the difference between an adjudicator and a lawyer 鈥� an adjudicator can act on gut instinct
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CommentWho's best for BIM?
Appointing a BIM manager early on a project is important to gain maximum benefit and avoid disputes. Is there already someone on the team who could take the job on though?
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CommentSmall debts claims: Click and collect
Pursuing money owed can be a complex 鈥� and costly 鈥� business. But there is a simple way to make claims online