All Legal articles 鈥� Page 111
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CommentConsequential loss: Network Rail
Consequential loss following a negligent act can mean big money in compensation. Just ask Network Rail
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The Tolent clause: Making a horlicks
Last week the government gave the all clear for the new Construction Act, completely failing to listen to the industry鈥檚 concerns about the Tolent clause loophole
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NewsHackney Empire sues Aviva for 拢1.1m over bond dispute
London theatre funded by Alan Sugar in legal case that could affect use of construction bonds
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CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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NewsCourt approves 拢32m refurb of Old Trafford
Derwent鈥檚 objection against development of cricket ground is dismissed
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Comment
Whiff of victory
A group of residents accused a landfill site operator of causing a 鈥檔uisance鈥� with unpleasant odours, but the company鈥檚 environmental permit gave it protection
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Difficult jurisdictions: Russia
锘縏oday the Bribery Act comes into force, creating a new risk of being prosecuted for offences committed abroad. With this in mind, Chris Hill focuses on the challenges of operating in Russia
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CommentBecause I鈥檓 worth it
锘緾ontractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
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CommentAdjudication: Use some judgement
Too many adjudicators are out of touch and, frankly, incompetent. Now a senior judge has stepped in with a suggestion on how to improve - he wants them to be more like him
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NewsSubbies may have to pick up adjudication costs
Government fails to close legal loophole over so-called 鈥淭olent鈥� clauses
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NewsMiddle-sized firms at greatest risk of breaching Bribery Act
Survey finds only 16% of small to medium-sized firms have anti-bribery training in place
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CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
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Implied terms and the Privy Council
Terms and conditions are stated in a contract, right? So what about all those implied terms that don鈥檛 make it into writing? The Privy Council has a view on this 鈥�
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CommentThe liquidated damages clause: Red card
A 200-year-old law says you can鈥檛 penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness
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CommentArbitration: See you all in court
It鈥檚 a fact of construction that spats often occur between more than two parties on a project - and arbitration isn鈥檛 the best way of dealing with complex multi-party disputes
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NewsConstruction firms 'unprepared' for Bribery Act in July
Survey reveals large proportion of SMEs have not put in place anti-bribery training for staff
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NewsBanned construction director threatened with jail
Company head ran firm while disqualified from being a director
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Safety obligations: Common law liability
In a case concerning hearing loss among employees, the Supreme Court has come down in favour of a common law approach to safety, rather than stricter statutory law
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CommentBIM disputes are inevitable
The recent US case didn鈥檛 go to court, but eventually we will see legal spats over BIM in the UK - so how will we go about resolving them?