Or is it??
In reality, it may be more of a crawl, since the draft Scheme hasn’t even been published yet and the Government is talking about an 18 month consultation period on that. In that time, at the very least, we will have a change of government and, most likely, a different party at the helm. But without changes to the secondary legislation, there can be no ‘out with the old and in with the new’. Continue reading
It is usually the case that when one party serves a notice of breach, with a view to terminating the contract (if the breach is not remedied), the other party does not believe that it is in breach. As a result, it will argue that the notice is invalid and the contract cannot be terminated. Certainly, any sudden or unexpected termination of a major contract can leave the other party up the proverbial gum tree.
Many people worry about making errors because they think are not clever enough to realise that what they are doing is wrong or incorrect. In fact, the majority of errors are simple ones.
“Through the Looking Glass”, by Lewis Carroll:
“‘I mean, what is an un-birthday present?’
‘A present given when it isn’t your birthday, of course.’
Alice considered a little. ‘I like birthday presents best,’ she said at last.”
PLC Construction is celebrating its first birthday, and what a year it has been. For construction practitioners, the past 12 months have been the most challenging in recent memory, with surprises coming, like un-birthday presents, almost daily. PLC Construction has covered the key developments, with an eye on the practical implications for the industry. Continue reading
Earlier this year, I wrote about why the adjudicator should avoid idiosyncratic language in his decision. Just last week, the adjudicator’s choice of language was before the TCC again in ROK Building v Celtic Composting. This time, the court was being asked to decide whether the adjudicator was being:
In SG South v King’s Head Cirencester & Anor, the contractor sought enforcement of two adjudicators’ decisions under a JCT management form of contract. The subject matter of both adjudications was the enforcement of interim payment certificates in the absence of any withholding notices issued by the employer. In both adjudications, the employer raised a defence of set off that included an allegation of fraud against the contractor. The contractor denied that it was guilty of fraud. The adjudicator decided that the issue of fraud fell outside his jurisdiction and failed to deal with it.
As I write this post, there are less than 33 days until the UN-sponsored Copenhagen climate change conference begins, where world leaders will meet to thrash out a successor to the Kyoto protocol. Gordon Brown recently described the conference as the last chance to set the course for a reduction in carbon dioxide (CO2) emissions for the next 50 years:
“If we do not reach a deal this time, let us be in no doubt – once the damage from unchecked emissions is done, no retrospective global agreement in some future period can undo that.” Continue reading
