Posts by Edward Davies

  • Can you stop the RoT?

    I have recently become telepathic. A contractor called me the other day saying that he was engaged on a large M&E contract and that one of his sub-contractors had gone into administration. He wanted advice on terminating the sub-contract and getting someone else to finish the work. I asked whether any of the sub-contractor’s suppliers … Continue reading Can you stop the RoT?

  • The nuclear option

    Many people think that what they do is rather special and that inexperienced or untrained outsiders should not “dabble”.

  • Don’t waste the downturn

    One of my friends owns a gym.  He is currently sending out emails advising people not to “waste the downturn”.  At first glance this seems to be something of a counter-intuitive message.  But it isn’t and here’s why.

  • Can’t pay, won’t pay (yet)

    I recently gave a lecture to a group of construction industry professionals on legal developments in 2008. The case that caused most debate was Alan Auld Associates Ltd v Rick Pollard Associates and another [2008] EWCA Civ 655. Termination for repeated non-payment That case concerned a consultant (Dr Pollard) working for a contractor, who in … Continue reading Can’t pay, won’t pay (yet)

  • Collateral damage

    New builds for sale? I think that it is inevitable that a number of relatively new buildings will have to be disposed of by the present or intended occupants. Those buildings will end up in the hands of a bunch of new people ranging from purchasers or occupiers (who have acquired them at a knock-down … Continue reading Collateral damage

  • Pedantry or precision?

    There is an old joke:  how many lawyers does it take to change a light bulb?  Answer:  what do you mean by “change”?  We are often accused of pedantry but it is actually important to know what a contract means.

  • Dangers of direct payments

    You have let a construction contract. All seems to be going well, albeit progress is a bit slow.  A couple of subcontractors then come to see you: they say that the main contractor has not paid them for a while and they are thinking of suspending or leaving the site.

  • Time to test the late payments regime?

    According to Building, the Specialist Engineering Contractors Group says that there has been a sharp rise in contractors reporting that public and private sector clients have been pushing back payments.

  • Where is your retention money held?

    Although we are being told that the financial meltdown has been averted and that we are “only” facing a plain old-fashioned recession now I can’t help wondering whether there will be any aftershocks in the financial world.