Do I not like that

Negative declarations are becoming more and more popular it seems in construction particularly in adjudications.

Practical completion pitfalls

Parties can inadvertently put themselves at risk by having discrepant practical completion provisions in building contracts and related commercial agreements.

Complex structure theory unresolved

In Construction Law we examined the scope of a builder's duty in tort not to cause 'pure economic loss' (or financial loss) in anticipation of the eagerly awaited decision in Linklaters Business Services v Sir Robert McAlpine.

Economic loss and complex structures

The scope of a builder's duty in tort not to cause 'pure economic loss' has fast become one of the most talked about legal issues in the construction industry.

Goodbye Tolent clause, hello Scheme

For the past ten years contracts providing for one party to pay not only its own costs but also the other side's costs in an adjudication (whatever the outcome) have been accepted in the construction industry. Why shouldn't this be the case?

Demands and performance bonds

"Credit insurance shortage will bring down SMEs" ran a headline in last month's Building (12 December). The report went on to highlight the reluctance of many banks and insurers to provide performance bonds for smaller contractors.

Now you're asking for it...

Credit insurance shortage will bring down SMEs" ran a headline in last month's Building (12 December). The report went on to highlight the reluctance of many banks and insurers to provide performance bonds for smaller contractors.

The Reluctant Litigator

Getting someone else to fight your PFI dispute battles for you can be uncomfortable for both parties – name-borrowing may be a better solution all round.

PFI: Opportunity still knocks

The risks for contractors and subcontractors in PFI are not to be underestimated. The trick is to understand what these risks are, and to be bold about pricing for them.

Ignorance is bliss: but it's no defence

With the OFT breathing down our necks, it would be wise not to get caught out on competition rules because you didn't know they existed.

So, what's the damage?

Construction companies accused by the OFT will be wondering how bad things are going to be for them. Here's the answer.

Holding the ring

Ian Yule discusses the legal issues regarding the project manager's duty to act fairly and impartially.

Joint Contracts Tribunal (JCT) Management Building Contract

The concept of the management contract has come in for a lot of flak from a lot of critics in the past but the new JCT model is certainly the best in class.

That's all folks

If a home is built defectively, but the owners can still live in it, what compensation can they claim from the house builder for their loss of enjoyment?

Time is running out

If a home is built defectively, but the owners can still live in it, what compensation can they claim from the housebuilder for their loss of enjoyment?

CDM mobilisation

The new Construction (Design and Management) Regulations 2007 require the client to allow a mobilisation period to each principal contractor. We explain this new requirement and provide some practical advice to ensure compliance with this provision.

That's better but not by much

The RIBA standard form has been revised and two particularly irksome clauses have been amended. But don't go overboard. It is still biased in favour of architects. "Go bespoke" seems to be the message.

A little light relief

SOPC4: What are the main changes that affect the building contractor?