Reports from the courts: August 2012

Our latest round up of the court decisions of most relevance to construction comes from Will Buckby and Andrew Beale of Clyde and Company, focussing on a TCC decision relating to set-off against an adjudicator’s decision; and a case that highlights the dangers of using letters of intent.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Care needed with termination

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Intermediate Building Contract with Contractor’s Design, turning his attention to the clauses dealing with termination of Named Sub-Contractors. Main contractors need to be careful to follow the exact procedures, he warns.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

How secure is your security?

Contractor insolvency is on the rise again as the industry struggles against weak workloads and falling margins. Jane Miles of SNR Denton provides a timely review of the methods of protecting against these events.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the right.

Subscribers to the printed magazine get access to the entire Construction law website.

UK Bribery Act – one year on

The first anniversary of the Bribery Act fell on 1 July. Val Surgenor of MacRoberts says although there have been no major prosecutions so far, more effective enforcement can be expected.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Avoiding unintentional pitfalls

Disputes over letters of intent are as common as ever but, argue Will Buckby and Andrew Croft of Beale and Company, they can easily be avoided, or at least used with greater care.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Asbestosis liability clarified

Employers’ liability insurance is in the news again and for the wrong reasons, says insurance expert John D Wright of JD Risk Associates, explaining the background to a recent Supreme Court ruling that clarifies asbestosis liability.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Brighter later for smaller firms?

Small and medium sized firms are supposed to be main drivers of the UK’s economic growth, but public procurement processes often seem to freeze them out. Will Cooper of Clyde & Co reviews the prospects for change.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

When is a mistake a mistake?

Standing by silently and watching a party to a contract make a mistake might not work to your benefit, warns William Cursham of Gateley in this report on a case where one party escaped punishment despite its casual approach to the terms it agreed to.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Legal terms explained: Global claims

A global claim is one in which the causal connection between the matters complained of, and their consequences, are not fully detailed. Essentially, the contractor puts forward a collection of events which represent breaches by the employer, or events for which the employer is responsible, and asserts that these events together caused it loss.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Court advocated mediation

In our latest alternative dispute resolution series article Alexander Whyatt of Clyde & Co reports on an appeal court ruling that sheds light on the level of judicial support to be expected for the new mandatory recommendation mediation scheme (CAMS).

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

+ More