Legal Comment – Page 57

  • David Mosey and Jason Russell
    Comment

    Project Horizon: The two-stage is set

    2013-08-02T12:12:00Z

    Surrey council’s use of two-stage open-book procurement shows how radical changes in supply chain management can ease the pressure on the public purse

  • Lee May
    Comment

    A stake in the ground

    2013-08-02T06:00:00Z

    Labour’s warning to developers that they should use land or prepare to lose it may sound bold, but will it be any more effective than existing compulsory purchase powers?

  • Tony Bingham
    Comment

    Taking a penalty

    2013-08-02T06:00:00Z

    Liquidated and ascertained damage clauses for delays can see a contractor lose money - unless they can argue that the amount charged is a penalty and therefore unenforceable

  • JG 156px
    Comment

    Independent thinking

    2013-08-02T06:00:00Z

    Next year the people of Scotland will decide whether to cut their historic ties with the rest of the UK. What effect could independence have on the Scottish construction industry?

  • Raid Abu-Manneh
    Comment

    Qatar: To boldly go where Boris has gone before

    2013-07-29T13:19:00Z

    From pearl fishing to being one of the world’s wealthiest countries, per capita, Qatar is on an upward trajectory. What do you need to know to do business there?

  • Carl Dyer
    Comment

    Legal brief: The airport debate

    2013-07-29T13:18:00Z

    There’s a need for more airport capacity in the South-east, but most politicians would rather leave the decision in the ‘too difficult tray’

  • Michelle Di Gioia
    Comment

    Corporate manslaughter: How to avoid breaching the law

    2013-07-26T06:00:00Z

    The number of corporate manslaughter cases is rising - how can you avoid a breach in the law?

  • Tony Bingham
    Comment

    Keeping the cat in the bag

    2013-07-26T06:00:00Z

    How the ICE’s adjudication procedure is encouraging disputomania

  • Kathryn Noble
    Comment

    Legal brief: Third party rights

    2013-07-25T16:54:00Z

    Traditionally, third parties on projects have looked to collateral warranties but drafted wisely third party rights can provide security but without the time, cost and pain

  • James Bessey
    Comment

    Hearsay evidence: He said, she said …

    2013-07-24T06:00:00Z

    If a witness cannot be traced, then a party might need to rely on hearsay evidence. But getting the court to give weight to such evidence isn’t easy

  • Justin Mendelle
    Comment

    How low can you go?

    2013-07-19T06:00:00Z

    Desperate times call for desperate measures and some bids for public sector jobs have come in abnormally low. But this can be bad news for contracting authorities and bidders alike

  • Tony Bingham
    Comment

    Running for cover

    2013-07-19T06:00:00Z

    When a tower crane collapsed, the contractor blamed its subcontractor who turned to its insurer. But the insurer looked for wriggle room in the small print …

  • Ann Minogue
    Comment

    The remains of the day

    2013-07-19T06:00:00Z

    With tentative signs of improvement at last for the construction industry, it’s time to look at what has happened to the legal and commercial world since the crash of 2007

  • Sarah Strange
    Comment

    Legal brief: The inexpert expert

    2013-07-18T16:00:00Z

    This case shows the importance of choosing the right expert and being able to justify decisions in settlement negotiations

  • Kate Wansbrough-Jones
    Comment

    Legal brief: A structured approach to re-structuring

    2013-07-15T12:10:00Z

    Make sure you check the following points if you work with a consultant that has gone through a restructure

  • Tony Bingham
    Comment

    Witness statements: Beautiful phonies

    2013-07-12T06:00:00Z

    Handcrafted witness statements represent clever pieces of advocacy - but this is not the function that they are supposed to serve. Facts are required, not opinions

  • Max 156px
    Comment

    Legal support for large infrastructure jobs

    2013-07-12T06:00:00Z

    Internationalisation is affecting legal support for large infrastructure projects

  • Jane Miles
    Comment

    Order of precedence

    2013-07-12T00:00:00Z

    Construction contracts often contain a number of contradictory documents but a clause setting out which has priority is no substitute for clear and careful drafting

  • Katherine Tulloch
    Comment

    Legal brief: Westshield Civil Engineering vs Buckingham Group Contracting

    2013-07-10T14:21:00Z

    This judgment confirms when a claim has “commenced” and underlines the importance of pre-contract checks.

  • Simon Lewis
    Comment

    PPP contracts: Best practice

    2013-07-09T10:06:00Z

    Three sides of A4 constitute the best practice guide aimed at making savings in public private partnership contracts. So, is it worth the paper it’s written on?