All articles by Steven Carey 鈥� Page 2
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CommentSubrogation: Not so plain sailing
Subrogation and issues of joint insurance often arise when drafting construction contracts. What guidance can a judgment involving a hired boat offer in these areas?
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CommentDon鈥檛 stray from the path
Not acting under strict terms of a contract? Beware - it鈥檚 sometimes hard to get back on the straight and narrow
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CommentHow not to do it
Having terms of the main contract in a subcontract is a common practice, but poor drafting can mean it does not have the intended effect
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CommentAdjudication: How far can your tactics go?
Adjudication may be a bit rough and tumble but the process must maintain respect
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CommentAre you really excluded from liability?
This case highlights the importance of ensuring that any exclusion or limitation clauses in your contracts are clearly drafted to cover the situations which you expect
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CommentWhen setting-off isn鈥檛 letting off
There are circumstances where the paying party may avoid settling an amount awarded by an adjudicator using set-off
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CommentSet-off: Know the setbacks
Set-off is a term that is regularly heard in the construction industry, but does everyone know exactly what it means?
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CommentConsidering your clauses
Design obligations, in particular on the standard of skill and care required vs fitness for purpose provision, is a recurring issue
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CommentConditions precedent: Toe the line or else
The presence of condition precedent type clauses in contracts can turn a claim situation on its head
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CommentThird party funding: A third wheel?
Stopjoin Projects Ltd vs Balfour Beatty Engineering Services highlights issues which arise when third parties get involved in financing construction companies
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CommentLetters of intent: Cruel intentions
Parties can find themselves skating on thin ice when they proceed under a letter of intent and inevitably fail to finalise a formal contract
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CommentMy word is my bond. Well, perhaps鈥�
The Doosan vs MABE judgment shows that the law has extended the reasons why one can restrain calls on bonds
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CommentProtocol, efficiency and buzzwords: in defence of BIM
Tony Bingham鈥檚 provocative article kicked off a valuable debate. Let鈥檚 look at some of the truths about BIM
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CommentWhat does the Lewisham Hospital decision mean for the NHS estate?
Services at Lewisham Hospital were saved by the recent Court of Appeal decision, but at what cost to future capital investment?
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CommentMake sure you do your homework
This case demonstrates the importance of checking the financial standing of who you contract with
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CommentDamage limitation
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?
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