All Legal articles 鈥� Page 33
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CommentCase in focus:聽Rectification of a contract
Could a contract that included an incomplete tender stage document be rectified?
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CommentStop playing games
Does an adjudication enforcement trump an insolvency moratorium? A recent case in the TCC has provided clear guidance on the issue
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NewsMace set for more crunch talks on HS2 award complaint
Failed bidder for 拢170m role on rail megaproject in second meeting over controversial decision to appoint CH2M
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CommentTaken on trust
Cash is king and nowhere is this truer than construction. Contractors should take steps to guarantee payment or be prepared to face the consequences
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CommentA cap in liability: The absolute limit
Contractual limitation of liability and whether such clauses say what they are intended to mean is an issue regularly aired in court
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CommentRevolutionary reform
A study for TeCSA revealed an appetite for change in the pre-action protocol for construction and engineering disputes. That change came into effect towards the end of last year
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CommentSimply fair
Understanding contractual provisions can be complicated but a solid legal framework that also reflects fair payment guidance is essential
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CommentWho gets the bill?
A collapsed tunnel on a hydroelectric scheme left the contractor and employer in dispute about who should pay to have it rectified. So where does liability lie?
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CommentJust sign here 鈥�
When you start a new business arrangement it is best to confirm the terms in writing. A recent spate of construction disputes show the risks involved in relying on oral contracts
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CommentIt was never a problem before
The rule of 鈥榚stoppel by convention鈥� is increasingly significant in disputes about payment or payless notices. So, what is it and what do the courts say about it?
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CommentHad enough of experts?
Expert reports are not 鈥榚xpected or required鈥� in the new edition of the pre-action protocol for construction disputes. But construction claims have less chance of settling without them
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CommentCase in focus:聽Issuing payment notices
Was a contractor鈥檚 interim payment notice valid and, if so, had the employer issued an effective payless notice?
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NewsMace mulls legal challenge to CH2M's 拢170m HS2 win
Sources suggest Mace could launch High Court challenge 鈥渨ithin days鈥�
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CommentTurning the tide
Tidal power could revolutionise UK energy infrastructure. Here, the firm that advised on planning for Tidal Lagoon Swansea Bay describes the challenges of that landmark scheme
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CommentScoring an own goal
A benefit of arbitration is that it stops details of a dispute becoming public. But, as a case involving a football manager shows, if you challenge the arbitration you lose that advantage
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CommentDefects: Making it right
Contractors are expected to come back and repair any defects after completion of a scheme but if they refuse 鈥� or an employer does not ask them 鈥� who carries the cost?
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CommentShorter trials: Take a short cut
The TCC is piloting a scheme to promote shorter trials. A recent case has shown the benefits it can deliver in reducing costs
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CommentPlaying the game
A recent TCC case shows how the back and forth between contractor and employer around payment notices can descend into a parlour game
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CommentJCT DAB 2016: Refinement, not revolution
JCT recently issued an updated version of its Design and Build Contract. Here is an overview of the most important changes to take note of before signing up
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CommentMore words, fewer claims?
FIDIC will launch a second edition of its Yellow Book later this year. This longer contract looks to resolve some of the issues encountered by those using its predecessor