Legal views 鈥� Page 65
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CommentReasonable endeavours: So very obliged
How far does a party need to go to show it has used its best endeavours to do something - not, surely, to the point of ruining itself?
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CommentThe last word in adjudication
How many submissions should each party be allowed in an adjudication - and which side should be given the final say? It depends which rules of natural justice you follow
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CommentPC Harrington vs Systech: Fair game
Disputants and learned judges please note: adjudication is a rough and ready process that isn鈥檛 always fair. That might seem tough but it鈥檚 just what parliament intended
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CommentPC Harrington vs Systech: Something for nothing?
The potential consequences of the PC Harrington vs Systech International judgment
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CommentTanzania 鈥� Birth of a gas giant?
Opportunities fired by natural gas could make Tanzania an attractive prospect for business 鈥� but what are the key considerations for working there?
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CommentPC Harrington vs Systech: Wrong call
Even if the decision an adjudicator reaches is unenforceable, they should still get paid. But that鈥檚 just my opinion. The Court of Appeal clearly thinks differently 鈥�
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CommentDispute resolution: Ask an expert
Involving an expert in dispute resolution can help your case - but make sure that they are experienced, a good communicator and can offer independent advice in the eyes of the court
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CommentB: Bouygues vs Dahl-Jenson
A-Z of key construction law cases: An early adjudication case that shows that even when an adjudicator gets things wrong, their decision can still be upheld by the courts
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CommentLimited liability: Even limits have their limits
Contract terms that seek to limit liability have to be able to pass a test of reasonableness 鈥� and not only where they are part of standard terms
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CommentInsolvency protection: Reform or bust
With construction companies dropping like flies, what lessons can the UK learn from an Australian inquiry into insolvency protection?
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CommentHow to manage the risks of using a letter of intent
Sometimes using a letter of intent is unavoidable, but there are ways of managing the risks involved that should keep parties out of trouble before a contract is signed
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CommentLitigation: Shedding the pounds
An alternative to litigation for a fraction of the price - bad news only for lawyers
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CommentKazakhstan: the regulations, the permits and the laws
Kazakhstan is the ninth largest country in the world with huge economic potential, but how easy is it doing business there?
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CommentIndia: The Supreme Court puts out the welcome mat
India should be even more attractive to foreign investors, now that a recent case has decided that Indian courts cannot interfere in foreign arbitration awards
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CommentStandard form contracts: What the papers say
Time was there were just two standard form contracts 鈥� now there are umpteen of them. It makes no difference because they all get amended beyond recognition
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CommentConstruction Act: One year on
It is one year since the amended Construction Act came into effect - a landmark that has gone almost unnoticed. This might be because the amendments have had such little impact
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CommentFITs: Happy Anniversary, Mr Barker
A year after the energy minister slashed the feed-in tariff for solar power the legal ramifications are still emerging, with the latest challenge coming in the form of a class action
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CommentDesign and build contracts: Confusion guaranteed
We have got used to thinking that there is an implied fitness for purpose warranty in a design and build contract. But a recent case has muddied the waters
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CommentCIL: Nice little earner
The Community Infrastructure Levy was brought in to speed up development but the tariffs being set seem so arbitrary 鈥� and so hard to challenge 鈥� that it could have just the opposite effect
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CommentAd-hoc adjudication: Cheque mate
An adjudicator decided that two parties had entered into an ad-hoc adjudication by dint of having paid his 鈥� rather hefty 鈥� fees upfront. But the TCC had other ideas