All articles by Hamish Lal 鈥� Page 2
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CommentNon-waiver agreements: Striking Gold
A recent TCC judgment does not prove memorable for the details of the case itself but is worth treasuring for the valuable case law reference point it provides
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CommentFIDIC forms: Engineering anxiety
FIDIC forms of contract outline an engineer鈥檚 role in making determinations but how can you be sure that their decision is fair and impartial?
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CommentRaising the time bar
Time bar clauses can provide a defence against claims for additional time and money. But when are they enforceable and why do two particular cases seem to show very different results?
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CommentA new test for penalties
The Supreme Court has made a decision on how to better codify when a contractual provision is a penalty. What effect will the new classification have on construction contracts?
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CommentRefs to review penalties
The law on liquidated damages is regarded by some as unworkable and now the Supreme Court is to look at penalty clauses. Its decision could have profound consequences for construction
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CommentAnd here鈥檚 another one
Contractors sending out more than one payment notice in the hope that the employer will fail to respond to one of them with a payless notice, should take heed: the courts will have none of it
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CommentCodifying PFI contracts: Sticking to the letter
How rigidly must you stick to completion criteria of a PFI contract when issuing a completion certificate?
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CommentApplying English law in Scotland
When deciding whether or not to enforce the adjudicator鈥檚 decision, the court had to decide if the contract was assessed under the English or the Scottish Scheme
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CommentAdjudication: Silence is not an option
A few weeks ago Tony Bingham wrote on challenges to an adjudication in the case of Twintec vs VolkerFitzpatrick. Here Hamish Lal questions some of his conclusions
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CommentGalliford Try vs Lanes Group: Forum shopping
The practice of 鈥榝orum shopping鈥� as mentioned in Tony鈥檚 article may be unappealing to some, but any attempt to legislate against it will cause a trolleyful of problems
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CommentContracts in writing and SMEs
The rule that contracts have to be in writing is about to be scrapped, but SMEs in particular may mark its passing with regret
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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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CommentPFI can鈥檛 take sting out of cuts
Public sector clients tempted to reintroduce cancelled projects as variations to existing PFIs may be breaking the rules
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Hamish Lal: Bare realities
Hamish Lal聽The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today 鈥� including that the money will run out
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Nuclear contracts: Ending in tiers
The second of our three-part series on the nuclear decommissioning sector looks at the target-cost clauses of tier two contracts 鈥� their benefits and pitfalls
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Going nuclear: contracts for decommissioning work
Everything you wanted to know about the nuclear decommissioning sector but were afraid to ask 鈥� explained to you in a three-part series starting with this overview
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Something might get broken
鈥楾he rough and tumble of normal commercial bargaining鈥� can, clearly, be used to extract a good deal from the other side. But if one party abuses this power, the other could argue later that the resulting contract is not binding. Such an argument is founded on the legal doctrine of ...
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Nuclear new-build: Proceed (with caution)
The nuclear new-build programme has a lot to offer, as long as you can navigate the regulatory and contractual minefield surrounding it
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Don't, don't you want me
The JCT appears to have rejected the idea of incorporating the SCL delay and disruption supplement into its contracts 鈥� which has provoked a bit of a debate 鈥�
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