Legal views 鈥� Page 83
-
CommentLegal review of the year: Negotiating the chaos
The legal year was dominated by cuts, judicial reviews of cuts, and contractual squabbles. The prospect of chaos was never far away
-
CommentA few of my favourite things
There are some good ideas coming out of the axe-wielding new management. One of the best is speeding up payments in the construction supply chain
-
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
-
Comment
Right to light
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 wasr
-
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
-
CommentEarly neutral evaluation: A practical guide
Early neutral evaluation has some advantages over mediation, particularly if there is a point of principle at stake. But it can be costly, and it won鈥檛 provide a full legal answer
-
CommentCan councils stop Gove scrapping BSF?
Government could be forced to fund culled BSF projects after Judge forces issue into the High Court
-
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
-
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
-
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
-
Comment
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
-
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
-
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
-
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
-
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�
-
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?
-
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
-
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 微密圈 Schools for the Future (BSF) programme has been abolished and the coalition has pledged to spend 拢15.8bn improving the school estate.
-
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
-
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�