Legal views – Page 105

  • Rudi Klein
    Comment

    One-star review

    2006-01-27T00:00:00Z

    The DTI has unveiled its proposals to amend the Construction Act. But if the government wants to stop payment abuses, it's not really going about it the right way

  • Comment

    Just don't do it

    2006-01-27T00:00:00Z

    Adjudicators who try to dig up supporting evidence where it is lacking are committing a grave error - and playing into the hands of their detractors

  • Tony Bingham
    Comment

    Scramble!

    2006-01-20T00:00:00Z

    When a contractor went into receivership, Wimpey withheld a £400,000 payment, thereby starting a lengthy legal struggle over who owned the money …

  • Comment

    Mr Jackson's justice

    2006-01-20T00:00:00Z

    Up until now, PFI contracts have contained clauses intended to separate contractors from their statutory rights. This is not lawful

  • Comment

    Not bad, not biased and not barking

    2006-01-06T00:00:00Z

    Depending on who you ask, the new NEC contract displays favouritism to contractors or employers. In fact, it is the lawyers who amend it who are causing the problems

  • Nick Chronias
    Comment

    Bosses beware

    2006-01-06T00:00:00Z

    his year is going to be packed with changes to employment law. This is what you need to know on age discrimination, illegal workers, TUPE and more …

  • Tony Bingham
    Comment

    A night to regret

    2005-12-16T00:00:00Z

    What happened to my mate Trevor after the Christmas party? He seemed so chatty, so relaxed. And a few hours later he was banged up in a police cell …

  • Comment

    Studying the form

    2005-12-16T00:00:00Z

    This year the JCT caused quite a stir when it decided to revamp its entire suite of contracts (see ºÚ¶´ÉçÇø, 24 June), but it’s the changes to the design contracts – Design and Build Contract and the Intermediate Contract with Design – that have created most interest.

  • Andrew Hemsley
    Comment

    Easy money

    2005-12-09T00:00:00Z

    Loopholes in the NEC’s target contract mean contractors can use their old tricks to make a profit rather than taking a share of any project savings …

  • Comment

    A painful case

    2005-12-09T00:00:00Z

    Sometimes contractors just get fed up with a job, and it grinds to a halt. When something like that happened to Birse, it got sacked. Then it got the bill …

  • Comment

    Listen, this is important

    2005-12-02T00:00:00Z

    Delay analysis is too pivotal to disputes to remain shrouded in mystery or to be left to the experts. Here’s what you must understand about the four main techniques …

  • Comment

    Sort out your papers

    2005-12-02T00:00:00Z

    The laws on illegal workers are set to get tougher, so make sure your procedures are watertight now

  • Tony Bingham
    Comment

    You’re mistaken, m’lud

    2005-12-02T00:00:00Z

    In Carillion vs Devonport, the Court of Appeal was right to back an adjudicator’s decision to award interest, but in doing so it made some unhelpful comments …

  • Tony Bingham
    Comment

    People who care

    2005-11-25T00:00:00Z

    A faulty load transfer platform caused a block of luxury flats to sink. The consulting engineer didn’t design the platform, but could it be liable for the problem?

  • Comment

    Dangerous liaisons

    2005-11-25T00:00:00Z

    This week we have two industry reports that reveal contractors’ cavalier attitude to risk, starting with what industry executives will do to secure work …

  • Tony Bingham
    Comment

    I’m feeling a bit fuzzy

    2005-11-18T00:00:00Z

    Fuzzy-edge disease’ strikes when a contract does not clearly allocate design responsibilities. Emcor Drake & Scull tried to inoculate itself, but it got caught out

  • Ian Yule
    Comment

    Events, dear boy

    2005-11-18T00:00:00Z

    New rules on compensation events in the third edition of the New Engineering Contract mean it is fraught with difficulties for the unwary employer

  • Gillian Birkby
    Comment

    Wired up

    2005-11-11T00:00:00Z

    E-tendering can boost your efficiency but it can also land you in legal and security trouble. An RICS guide published last month tells you how to avoid the pitfalls

  • "Bring back our roof pool" - satirical illustration
    Comment

    Drop the dead duck

    2005-11-11T00:00:00Z

    A collapsed roof at a superstore started a chain of events that demonstrates the foolishness of risking indemnity costs when a claim looks certain to fail

  • Tony Bingham
    Comment

    Behind the veil

    2005-11-04T00:00:00Z

    This is a murky tale of one man, three companies and a lot of fly-tipping. It also illustrates how the courts will look at who truly controls a company …