Construction
The Right to Set Off - August 2010
The Right to Set Off - August 2010
It’s not uncommon for commercial entities with an established track record of doing business together to be party to a number of contracts at the same time, for different projects or even different elements of the same project. When matters are progressing properly, this arrangement can work well. But if something goes wrong on one of those contracts, a question that frequently arises is whether a sum claimed under that contract can be set off against a sum due on another.
A guide to surviving main contractor insolvency - for employers - July 2010
A guide to surviving main contractor insolvency – for employers - July 2010
When a main contractor becomes insolvent mid-project, the impact is far reaching. A crucial link in the contractual chain required for successful completion of building projects falls away. The employer faces the disruption of replacing the main contractor, retention of title claims from sub-contractors, an inability to recover over-payments, the loss of skilled workers with specific knowledge of the project and a delay to completion. Sub-contractors face non-payment and uncertainty as to their continued involvement in the project. This guide suggests methods of risk management for employers. A subsequent bulletin will provide guidance for sub-contractors.
Read more:A guide to surviving main contractor insolvency – for employers - July 2010
Shaken not stirred - Know your Bond! - June 2010
Shaken not stirred - Know your Bond! - June 2010
Performance bonds protect employers against contractor default, non-performance or insolvency. However, many employers wrongly assume that a bond provides an insurance policy which automatically pays out in such circumstances. This is rarely the case and it is crucial to check carefully the circumstances under which a claim can be made.
Construction Law - May 2010
“Please Sir, may I have some more?”
This article looks at The Late Payment of Commercial Debts (Interest) Act 1998 following its review in the recent TCC judgment in Yuanda (UK) Co. Limited v WW Gear Construction Limited [2010] EWHC 720, together with a development in the use of “Tolent” clauses from the same case.
The Devil's in the Detail
The Devil’s in the Detail
In the cut and thrust of the construction industry, disputes that have arisen during a project are frequently settled via commercial negotiation. In the spirit of the deal, and with the fear that being too “legal” will upset the apple cart, sometimes not every detail is specified, with a certain amount being taken on trust and a presumption that the other party will behave in a “reasonable” manner. However even the simplest of points, if not clearly expressed, can come back to bite you, as some recent cases have shown.
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