No fee lunch

Article Abstract:

The UK's new Conditional Fee Agreements Order 1998 allows anybody wishing to bring a legal claim to negotiate a deal with a lawyer on a no win, no fee basis. This applies to all types of action except family and criminal matters. The lawyer is entitled to demand an extra fee above the normal charge in return for taking on the risk. Construction companies considering using this approach to pursue claims should be aware that they will probably still have to pay for a lawyer to undertake initial investigatory work. There could also be considerable costs other than lawyers' fees.

Attorneys, Lawyers' fees, Column, Contingency fees

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The Catch-22 letters

Article Abstract:

Contractors who write letters of intent, for subcontractors, which include some of the provisions under the Construction Act may find the letter of intent is considered be a contract. Letters of intent should be uncomplicated and state they are not to be considered a contract. Letters of intent are used when contractors want some work to be started but do not want to tie themselves to a full subcontract. The introduction of the UK Construction Act on May 1, 1998 has made using letters of intent much more difficult.

United Kingdom, Interpretation and construction, Construction law, Letters of intent

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Bouygues reconsidered

Article Abstract:

Issues are presented concerning the decision of the adjudicator in the Bouygues case who calculated the sums owed to the subcontractor without taking account of retention. The case is discussed.

Cases, Administrative procedure, Contractors, Subcontracting

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