October 2012 Archive

Involvement of the design and build contractor with a s106 agreement and planning permission

“To carry out the Building Works in accordance with the terms of this Agreement, the Specification, the Drawings, the Planning Permission and the Section 106 Agreement…” So runs the start of many a clause setting out a design and build contractor’s obligations. But what about the planning permission and section 106 agreement? Neither can be ignored – enforcement is a real and present danger.

The risk in letters of intent and the related duties of project managers

The nature of letters of intent inevitably give rise to disputes: the courts have repeatedly highlighted the inherent risks of relying on a letter of intent rather than a concluded contract. This inherent risk in letters of intent, along with the duties of project managers, was scrutinised in a recent case¹ before the specialist Technology and Construction Court this year.

Valuation, inspection or survey?

The purchase of a property is likely to be the most important financial transaction you will enter into. There is nothing that can be done about any defects that you may discover after exchanging contracts or completing the transaction so it therefore essential that you have the property thoroughly checked out by an expert. There are various types of inspections that you can obtain which are outlined below.

Access to relevant evidence is allowed in solicitor's claim

When you make a negligence claim against a solicitor you need to allow third parties to review the advice that was given. You have to waive the legal privilege that normally protects the confidentiality of legal advice. That does not normally pose a problem, since if a solicitor has made a mistake then correcting it is usually the priority rather than keeping your affairs and advice confidential. The solicitor’s file is open to view, warts and all.

Government plans to extend employee share ownership

Will employees be willing to trade a share in the business for which they work in exchange for relinquishing their employment rights? A leading expert in employee incentives has given a guarded welcome to the Chancellor’s proposals for workers to own a share of companies they work for if “the catches” associated with the initiative are addressed.

New divorce consultation hoped to bring clarity

It is hoped that a new consultation launched by the Law Commission will bring clarity to the ‘opaque area of the law’ surrounding divorce settlements, according to a Midland legal expert. As it stands, the law gives no clear guidance on what is considered a fair financial outcome making it difficult for lawyers to predict how a judge might determine a fair or reasonable division of assets.

Green energy: obligations and opportunities

As a nation we are bound by certain global and European protocols and legislation which have either worked their way through to the domestic statute book or are in the process of doing so. The driving factors behind the general push towards green energy range from increasing social responsibility and accountability to improving energy security. There can also be a very good business case for embracing green technology.
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