Becoming an expert at selecting your expert
Construction disputes often throw up complex technical issues that need to be resolved by reference to expert evidence. Selecting an appropriate expert in any dispute can be a difficult task. There have been a few recent changes in the law surrounding the appointment of experts, which may impact upon you when you are next faced with the … Continue reading Becoming an expert at selecting your expert
Design liability in design and build contracts
Many projects are procured on a design and build basis, but what exactly does this mean in terms of the contractor’s design liability? The positions adopted across standard contracts and common bespoke drafting are far from uniform.
Avoiding a false start in litigation against an overseas defendant
Many construction and engineering projects have an international element, be it an overseas specialist contractor, an overseas parent company providing a guarantee or a foreign stakeholder.
I predict a riot: is your building site impacted by the recent disturbances?
Michael Conroy Harris, senior legal manager (pictured) and Jeremy Irving, partner: The current riots and disturbances in cities across England raise a number of issues relating to construction sites. These include fundamental health and safety issues but also important considerations in relation to any damage or delay caused to the works.
Cap-sizing: insurance and liability clauses
Time and time again, clients are confused about the differences between an obligation to maintain insurance and a limitation on liability clause. Confusing the two is a daily occurrence amongst builders, engineers, project managers and even company directors. Consequently, it is common for a client to return from a meeting and say “I agreed with … Continue reading Cap-sizing: insurance and liability clauses
The RICS contracts in use survey: Top Gun or Minority Report?
Every few years the RICS carry out a survey of which contract forms are being used. In the previous survey, the RICS describes it as: “…the single most authoritative survey of construction contracts used in the UK market”.
A European contract law option: would it make a difference in the construction industry?
The European Commission considers that differences between national contract laws may entail additional transaction costs and legal uncertainty for businesses in the European internal market that, in turn, could lead to businesses being reluctant to engage in cross-border transactions. Therefore, in July 2010, the Commission published a Green Paper setting out its policy options for … Continue reading A European contract law option: would it make a difference in the construction industry?
James’ review of education capital: the future for building schools
The long awaited James review has finally been published. Led by Sebastian James (a director at electrical retailer Dixons), the review panel was tasked with considering the Department for Education’s (DfE) existing capital expenditure and making recommendations for future delivery models for capital investment in schools. There is a lot at stake given that, even with … Continue reading James’ review of education capital: the future for building schools
It’s a choice: your law or mine?
It can be easy to overlook the choice of governing law clause in a contract when negotiating issues which, on the face of it, appear more important, like price or time for delivery. However, the law applicable to the contract can have a considerable impact on: Interpretation of the contract. Performance obligations. Consequences of breach, … Continue reading It’s a choice: your law or mine?
Drafting limitation of liability clauses: say it like it is
The liability clause is arguably the most important clause in a contract being notoriously the subject of dispute and yet it is the one clause that is usually drafted inadequately. The judgment in Markerstudy Insurance Company Ltd v Endsleigh Insurance Services Ltd has served as a sharp reminder to contract drafters of the need for absolute … Continue reading Drafting limitation of liability clauses: say it like it is
Can an insolvent party avoid a stay of execution when enforcing an adjudicator’s decision?
In my December post I asked why an insolvent party would commence an adjudication when, even if it was successful and tried to enforce the adjudicator’s decision, the court would invariably grant a stay of execution. So, why bother one may ask? The courts recognise that if money is paid over to an insolvent party, … Continue reading Can an insolvent party avoid a stay of execution when enforcing an adjudicator’s decision?
The form of our democracy is no longer bribery – on any scale
The Bribery Act 2010 is expected to come into force in April 2011. It completely overhauls the UK’s fragmented and antiquated anti-corruption regime, replacing it with a modern and comprehensive one, fit for use in today’s global market. Notwithstanding the current cloud of apprehension, the message is clear: be prepared and be corrupt free.
Payment of adjudicator’s fees in an insolvency situation
Some may ask why an insolvent party would start (or continue with) an adjudication, but it is often the case that administrators make a commercial call that there is “something in the adjudication”. For them, it may be worthwhile incurring costs if the insolvent party can recover money due to it that will help to help boost the … Continue reading Payment of adjudicator’s fees in an insolvency situation
Construction insolvency: how solid is the house of cards?
Even in the best of times insolvencies are part of the construction industry but, until now, they have not been a major part of this recession. However, do the high profile collapses of Connaught and Rok signal a change and, if they do, what can clients do to protect their interests?
Is your contract a get-you-home or a racing slick?
Imagine you’re stuck on the hard shoulder with a puncture. Do you use the get-you-home tyre you have in the boot, even though it means you can’t go over 50 mph, or do you wait around for a brand new high performance racing slick tyre that can cope with the speed limit (and more)? The … Continue reading Is your contract a get-you-home or a racing slick?
