Many people think that what they do is rather special and that inexperienced or untrained outsiders should not “dabble”.
REUTERS | Jason Lee
April 27, 2009
The nuclear option
REUTERS | Brian Snyder
April 24, 2009
Taking the initiative in adjudication
If the Scheme for Construction Contracts governs an adjudication, the adjudicator is given certain powers, including the power to take the initiative in ascertaining the facts and the law necessary to determine the dispute. Continue reading
REUTERS | Mike Blake
April 22, 2009
Dodgy currency in Scottish case
The decision in Langstane Housing Association Ltd v Riverside Construction Aberdeen Ltd features some highly dubious judicial reasoning and illustrates the extent to which the courts are out of touch with the real world of contract negotiations for major construction projects. Although a Scottish case, its findings will resonate in England and Wales as well.
REUTERS | Luke MacGregor
April 21, 2009
LDEDC Bill: insolvency amendments back on the table
Since the Local Democracy, Economic Development and Construction Bill 2008 (the Bill) was published last year, a number of amendments to its construction provisions have been proposed (see blog post). At the end of the committee stage in the House of Lords, the Government made it clear that it would not support any of the proposed amendments. In response, all of the amendments were withdrawn or not formally proposed (see blog post). Continue reading
REUTERS | Mike Blake
In HS Works v Enterprise, the court enforced an adjudicator’s decision that decided, among other things, that the absence of a valid withholding notice was fatal to the contractor’s attempt to withhold monies from the sub-contractor’s final account. Continue reading
REUTERS | Andrew Winning
April 17, 2009
Crossrail: news of London’s future infrastructure
Crossrail is clearly important news for London. It will be Europe’s largest construction project and its effects will be widespread: Continue reading
REUTERS | Kim Hong-Ji
April 15, 2009
New nuclear power station sites announced
The Government has announced the locations nominated as the sites for the next generation of nuclear power stations in England and Wales Continue reading
REUTERS | Fabrizio Bensch
April 14, 2009
Using “without prejudice” material in adjudication
My blog on what to do if a party seeks to rely on an earlier adjudicator’s decision on an unrelated project reminded me of another relatively common issue: what should an adjudicator do when one party includes without prejudice material in its submissions and the other party objects? Continue reading
REUTERS | Lisi Niesner
April 14, 2009
Government proposes tower crane register
The Government has announced that it is planning a tower crane register. This follows the Health and Safety Executive’s (HSE) similar announcement earlier this year (see Building). Continue reading
REUTERS | Arnd Wiegmann
April 8, 2009
Termination or repudiation: that is the question
Persistent late payment or non-payment of invoices may constitute a repudiatory breach of contract in some situations, but not in others. It is not always easy to spot the difference. In the current economic climate, this has become a common problem. Employers are reluctant to make payments to contractors who are on the brink of insolvency, especially as they are likely to be unsecured creditors in that insolvency. What can or should an employer do in these difficult circumstances?