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Legal news from www.building.co.uk
Legal news from www.building.co.uk
- The big law society
published on Thu, 20 May 2010 23:00:00 GMT
Ann Minogue The more disputes are settled in adjudication, the more likely it is that areas outside our industry will have a bearing on how construction law develops - Bare realities
published on Thu, 20 May 2010 23:00:00 GMT
Hamish Lal The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today ? including that the money will run out - Challenging times
published on Thu, 20 May 2010 23:00:00 GMT
Helen Bolton and Stuart Thompson New rules have paved the way for more challenges to public contract awards. So how do you protect yourself if you?re the preferred bidder? - Candy: Rogers was 'precious' about Chelsea design
published on Wed, 19 May 2010 12:25:00 GMT
CPC boss describes how architect refused to make changes requested by the London mayor - Christian Candy gives evidence in Chelsea Barracks case
published on Mon, 17 May 2010 13:56:00 GMT
Counsel for CPC says Qatari Diar had "no lawful justification" for withdrawing planning application - Legal threat to surveyors drives down house prices
published on Thu, 06 May 2010 23:00:00 GMT
Housebuilders say disputes over pre-recession valuations are slowing recovery - Vinci: Luton council broke tender rules
published on Thu, 29 Apr 2010 23:00:00 GMT
Vinci has alleged that Luton council breached tender rules in the latest chapter of the row over the town?s £52m guided busway scheme - Building launches legal online group
published on Thu, 29 Apr 2010 11:48:00 GMT
Building's social networking site now hosts discussion forum for construction law - Faulty cladding hits Amec for £2.5m
published on Thu, 22 Apr 2010 23:00:00 GMT
Amec is forking out £2.5m to repair cladding at a Liverpool hotel three years after it opened. - Demolition contractor fined £6,000 for health and safety breach
published on Tue, 20 Apr 2010 12:33:00 GMT
Ivan Pope pleaded guilty in court after two men were spotted dismantling a pub roof in Lincolnshire using an upturned bucket as scaffolding - Vinci and Luton in £4m legal row
published on Thu, 15 Apr 2010 23:00:00 GMT
A legal row has broke out between Vinci and Luton council over a £52m guided busway scheme that was awarded to Bam Nuttall, writes Andrea Klettner - Firms seek legal advice as Bribery Act rushed into law
published on Thu, 15 Apr 2010 23:00:00 GMT
New law signals ?zero tolerance? of corruption and widens liability to include third parties - Labour cagey over gangmaster laws
published on Thu, 15 Apr 2010 16:27:00 GMT
Party denies it will extend the rules to the construction industry despite manifesto suggesting it would do so - Regentford fined £250k after worker dies on site
published on Wed, 07 Apr 2010 08:48:00 GMT
HSE secures conviction of London-based firm with help of BBC footage showing scaffolding in 'poor condition' - Legal costs hit £75m in Wembley dispute
published on Tue, 06 Apr 2010 08:18:00 GMT
Judge urges Multiplex and Mott MacDonald to resolve Wembley Stadium dispute by mediation - Court isn?t all it?s cracked up to be
published on Thu, 20 May 2010 23:00:00 GMT
Tony Bingham The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes ? so why not adopt adjudication? - Grainger pays out over 'green views' redundancy claim
published on Tue, 20 Apr 2010 17:12:00 GMT
Former head of sustainability at Grainger wins £42,200 after claim climate change views led to loss of job - Scheming minds
published on Thu, 15 Apr 2010 23:00:00 GMT
The government has released a consultation on the Scheme for Construction Contracts that proposes big changes in the industry?s rules. Here?s what I think of them ... - Feeling the squeeze
published on Thu, 15 Apr 2010 23:00:00 GMT
Be careful how you go about recovering money that is owed you ? you might fall foul of the Protection from Harassment Act and end up paying them - Aukett boss: Halabi bankruptcy will not affect £1m claim
published on Thu, 08 Apr 2010 23:00:00 GMT
Nicholas Thompson, chief executive of architect Aukett Fitzroy Robinson, has said the bankruptcy of developer Simon Halabi will not affect an outstanding debt to the practice of more than £1m in legal costs and fees - All things considered
published on Thu, 13 May 2010 23:00:00 GMT
Adjudicators have it drummed into them that they should decide the dispute in the notice of adjudication. Here?s a case that shows there is some room for flexibility - Tolent clauses: This one?s on you
published on Thu, 06 May 2010 23:00:00 GMT
Tolent clauses, which make the party that refers an adjudication pay all the legal costs, are to be outlawed by the Construction Act ? but a judge has just got there first - In praise of doing less: adjudication scheme
published on Thu, 29 Apr 2010 23:00:00 GMT
The scheme for adjudication is being redrafted to fit the new (deep breath) Local Democracy, Economic Development and Construction Act. If only they would write it on just one page - Collatoral contracts: The unkindness of strangers
published on Thu, 22 Apr 2010 23:00:00 GMT
Collateral contracts are supposed to protect those not party to a contractual set-up. They work, but they also introduce flint-hearted button counters into the equation - Match of the day: Mott MacDonald vs Multiplex
published on Thu, 15 Apr 2010 23:00:00 GMT
Mott MacDonald vs Multiplex is a game of two halves ? first there?s the disputing, then there?s coughing up the legal costs. Alas, these are so high, neither wants to call it a draw - MJ coulson?s model answer
published on Thu, 08 Apr 2010 23:00:00 GMT
Judging construction disputes can be like sitting exams, but at least we can all learn from the results ? as in this case where a builder flunked everything - Gosh, is that really the time?
published on Fri, 26 Mar 2010 00:00:00 GMT
Adjudication is not litigation (lawyers please note) and an adjudicator is not obliged to consider in detail new information that comes in at the eleventh hour - Religious discrimination laws: But I'm a shaman!
published on Thu, 13 May 2010 23:00:00 GMT
A recent case has extended the laws protecting employees from religious discrimination to those who hold any kind of ?cogent and serious belief? - Pay-when-paid: You know what I mean, guv?
published on Thu, 13 May 2010 23:00:00 GMT
Shepherd Construction tried to rely on a pay-when-paid clause to not pay its subcontractor, William Hare. Problem was, it wasn?t well drafted ? so would the courts help it out? - Your next assignment
published on Thu, 06 May 2010 23:00:00 GMT
Transferring construction agreement benefits between parties requires care and attention, especially when dealing with the ?no loss? defence - Judges unleashed
published on Thu, 06 May 2010 23:00:00 GMT
Unlike the restrained and remote judges of the past, many now snap at the ankles of the advocates to ensure cases proceed in the way they should - Running out of common sense
published on Thu, 06 May 2010 23:00:00 GMT
One area where the judges are struggling to make up their minds is the ?without prejudice? rule. Here?s a rundown of the arguments, and the spats, among our learned friends - Nuclear contracts: Ending in tiers
published on Thu, 29 Apr 2010 23:00:00 GMT
The second of our three-part series on the nuclear decommissioning sector looks at the target-cost clauses of tier two contracts ? their benefits and pitfalls - A pain in the NEC
published on Thu, 29 Apr 2010 23:00:00 GMT
Disputes on NEC projects are on the rise, so if you don?t want to find yourself in a bind, here are some points to be aware of when using this contract - The reckoning
published on Thu, 29 Apr 2010 23:00:00 GMT
Fiona Gill and Mark Roach So what did the Labour party do for (or to) construction during the past 13 years? And what will happen if the Conservatives take over? - 'Pre-pack' administrations face stricter controls
published on Wed, 28 Apr 2010 14:36:00 GMT
The public's cynical view of business deals is hardly surprising - Bribery Bill: Greasing the wheels of commerce
published on Thu, 22 Apr 2010 23:00:00 GMT
Bribery is endemic in many parts of the world where British firms do business, but any that succumb to it will soon face fairly horrific penalties - Tolent clauses examined
published on Wed, 14 Apr 2010 14:11:00 GMT
In a landmark judgment yesterday, the Technology and Construction Court held that clauses that require a contractor to pay the employer's legal costs, win or lose, do not comply with the Construction Act - Going nuclear: contracts for decommissioning work
published on Thu, 08 Apr 2010 23:00:00 GMT
Everything you wanted to know about the nuclear decommissioning sector but were afraid to ask ? explained to you in a three-part series starting with this overview - Commitment issues
published on Thu, 08 Apr 2010 23:00:00 GMT
Helen Garthwaite and Brad Fearn The carbon trading scheme was launched last week, and you need to know what the new rules could mean for you ? including who will pay for it all - The witness protection scheme
published on Fri, 26 Mar 2010 00:00:00 GMT
Expert witnesses may be protected from lawsuits for now, but the Supreme Court may be on the brink of overturning that rule - Dishing the dirt
published on Fri, 26 Mar 2010 00:00:00 GMT
Whatever else we run out of, there will always be more than enough rubbish to go round. So what should a contractor looking to get its fair share watch out for? - Expert determination: A short cut through a swamp
published on Thu, 13 May 2010 23:00:00 GMT
Plumping for expert determination to resolve a dispute may sound like a quick, cheap, hassle-free alternative to adjudication or litigation. But it ain?t necessarily so - CML certificate: But you said it was fine!
published on Fri, 26 Mar 2010 00:00:00 GMT
In April 2007 the Council of Mortgage Lenders (CML) produced a standard form certificate that consultants can be asked to sign concerning the condition of a newly built residential property