Legal Comment 鈥� Page 52
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CommentPublic sector work for SMEs: Ajar but not open
The government is taking steps to make public sector work more accessible to SMEs. But there鈥檚 a lot more to do - especially on procurement and ensuring prompt payment
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CommentAdjudication: Pick on someone your own size
Some parties will go to great lengths 鈥� even so far as bullying the poor adjudicator 鈥� to get an adjudication stopped. Better by far is to go straight to the judge and argue your case
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CommentNEC3 : Compensation culture
The new NEC3 contract features mechanisms to change contract prices and completion dates, under certain circumstances. We look at compensation events
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CommentPayment to subcontractors: The direct approach
The revised EU Public Procurement Directive could mean that subcontractors will receive payment directly. Our columnist compares direct payment legislation from other countries
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CommentFocus BIM on FM
If we are going to invest in BIM, let鈥檚 focus on where it can make the most difference: the operation and maintenance period
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CommentLow-bidding contractors: Always assume the worst 鈥�
Note to developers: if you are aware that a low-bidding contractor has financial issues, it is better for you, and the struggling contractor itself, just to choose another one
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CommentInsolvent companies: Owing pains
An insolvent company that has entered into a voluntary agreement with its creditors may find itself in difficulty when it tries to enforce an adjudication decision, as one recent case shows
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CommentClaims resuscitation: The patient may already be dead
If you believe you have a claim under a construction contract be conscious of the risk of expiry of limitation
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CommentBIM Protocol: Playing games of risk
It is not entirely clear how the BIM protocol is supposed to be passed down the supply chain, raising important questions about who owns what risk
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CommentDuty of care: Just desserts?
When the sign above a London cafe collapsed, causing serious injury, the finger was pointed at the shopfitter and building owner鈥檚 surveyor. But how far does the duty of care extend?
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CommentPlanning court will keep us building
Developers and public bodies, who have had to cope with the increasing cost of defending judicial review challenges, will welcome the setting up of a new planning court
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CommentInsurance: Checking your site security
Plant theft is a major contributing factor to ever-rising insurance premium prices. We look at the steps you can take to ensure that your plant remains safe and the cost of your policy stays low
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CommentMy word is my bond. Well, perhaps鈥�
The Doosan vs MABE judgment shows that the law has extended the reasons why one can restrain calls on bonds
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CommentContesting government sites: Land grab
The government is giving people the right to contest the use of government land and property. So what do you do if there鈥檚 a site you want to get your hands on?
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CommentTermination: Parting of the ways
A recent case in the Technology and Construction Court is a useful reminder as to how and in what circumstances notices of termination can be given
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CommentConstruction 2025: Looking for a roadmap
Construction 2025 reminds us of the direction of travel but what鈥檚 needed now is a clear plan on how the industry can get to where it needs to be
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CommentNEC: Campaign for plain English
The NEC was supposed to move from legal language to something more practical at project level. But a case from last year shows what can happen when courts are left to interpret the contract
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CommentADR: RSVP or face costs sanctions
It is simply not an option for parties to stick their heads in the sand regarding alternative dispute resolution
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CommentFinal account process in contracts: A final reckoning
Construction contracts often provide for wrapping things up in a final statement. But this process is absent in the NEC contract - something that can create significant uncertainty