Legal Comment – Page 58

  • Tony Bingham
    Comment

    The madness of NEC the third

    2013-05-30T15:30:00Z

    This clause was so complicated that the parties offered two different interpretations and the adjudicator went with a third. Which started a whole new round of wrangling …

  • Francis Ho
    Comment

    What to do about BIM

    2013-05-30T09:42:00Z

    The Construction Industry Council has published a new standard protocol for BIM level 2. Will it promote adoption?

  • Alistair Watson
    Comment

    Sites of archaeological interest: Time to get dug in

    2013-05-28T08:50:00Z

    Making sure sites of archaeological interest are dealt with appropriately can hold a project up. What steps must be taken to keep any related delays to a minimum?

  • Nick Harris
    Comment

    Legal brief: Right to light consultation

    2013-05-21T11:37:00Z

    As the submission period for the consultation closes, the law commission starts its journey through a maze of competing issues

  • Jonathan Hosie
    Comment

    Legal brief: Duration of disputes

    2013-05-20T15:57:00Z

    Figures from EC Harris reveal that the duration of disputes in the construction sector in 2012 increased by a third compared to 2011

  • Simon Tolson
    Comment

    The paperless trial

    2013-05-20T10:50:00Z

    Technology has already transformed how lawyers deal with information in court - and soon those heavy briefcases could be a thing of the past

  • Tony Bingham
    Comment

    The sudden death clause

    2013-05-20T10:15:00Z

    It seems that a contract can contain all sorts of cheering words about partnering and still allow a termination without explanation. Don’t worry, it all makes sense to lawyers …

  • Steven Carey and James Worthington
    Comment

    Damage limitation

    2013-05-20T10:05:00Z

    Damages-based agreements give parties the freedom to choose how they wish to share the cost and risk of litigation. So, how do they work?

  • Rudi Klein and Sally Partridge
    Comment

    Project bank accounts: What's not to like?

    2013-05-17T06:00:00Z

    Project bank accounts provide security of payment to contractors, reduce supply chain risk and even save the client money. They just need to be set up properly

  • Alex Kelham
    Comment

    London 2012 suppliers: Big yourself up

    2013-05-17T06:00:00Z

    Recent reports indicate many eligible firms have yet to apply for a recognition licence from the BOA. But London 2012 suppliers should take advantage - the benefits are well worth it

  • Tony Bingham
    Comment

    Architect standards: Wrap them up in cotton wool

    2013-05-17T06:00:00Z

    When things went awry with the Wests’ riverside home, and the builder was already insolvent, they sued the architect. Why? He should have taken better care of them

  • Mischa Balen
    Comment

    Party wall disputes: The end of the party

    2013-05-10T06:00:00Z

    When a claimant drops a claim, they become liable to pay the defendant’s costs in party wall cases. But the Court of Appeal has recently issued guidance on when the courts can ignore this

  • James Bessey
    Comment

    Walter Lilly vs Mackay: A curate’s egg

    2013-05-10T06:00:00Z

    Walter Lilly vs Mackay grabbed headlines and produced a lengthy judgement. But exceptional cases should not set general precedents in law

  • Tony Bingham
    Comment

    Architects Registration Board: Know your place

    2013-05-10T06:00:00Z

    An architect has been struck off for getting into debt. But is this really ‘professional misconduct’ to anyone other than the Lord Snootys of the profession?

  • Bill Bidder and Kate Egan-Martin
    Comment

    SSIs: Beware the newts

    2013-05-10T06:00:00Z

    Sites of special scientific interest can be a major barrier to development - even if you have planning permission. Here’s what to look out for

  • Ruth Sunaway
    Comment

    Legal brief: Do architects certificates operate as contracts?

    2013-05-03T18:50:00Z

    A decision by Mr Justice Akenhead in a recent case provides some clarity

  • Digby Hebbard
    Comment

    Willmott Dixon vs Newlon: A case in points

    2013-05-03T06:00:00Z

    Tony Bingham’s column on the recent Willmott Dixon vs Newlon Housing dispute focused on procedural objections - but there’s an awful lot more to the case than that

  • lindy patterson
    Comment

    Wind farms: Second generation

    2013-05-03T06:00:00Z

    A lot of lessons have been learned about the technical side of building wind farms. But what about contracts? Lindy Patterson looks at how things have changed in the last decade

  • Tony Bingham
    Comment

    Professional negligence dispute: On the rocks

    2013-04-29T12:00:00Z

    When a judge blocked a £3m award to whisky maker Whyte Mackay, he questioned whether a professional negligence dispute should have come to adjudication at all

  • Raid Abu-Manneh
    Comment

    Doing business in Iraq: Tread carefully

    2013-04-26T06:00:00Z

    A decade after the invasion of Iraq there are opportunities for UK firms in the country’s infrastructure sector. But they must be aware of the legal framework they will be working in