Law Blog: What I did on my holiday
- Published: 31 July 2008 11:26
- Last Updated: 13 August 2008 11:38
- Reader Responses
As part of his new regular law blog, John Sheils partner at Shadbolt & Co, surfs a wave of new proposed legislation.
What I did on my holiday
I'm just back from my holidays and what fun it all was. Among other things, I attended a ladies' surfing competition in Biarritz and took in a Status Quo concert in Cognac (a pleasing combination).
Talking of pleasing combinations I also developed a taste for Cognac and tonic (sounds disgusting but tastes good).
I see our prime minister is also on holiday. Although his chosen holiday attire of a heavy jacket and chinos is far removed from my own choice of Desert Rat shorts and capped sleeved t-shirt. An ensemble which drew many admiring glances from the surf girls, as I am sure you can imagine.
Anyhow, while the PM has been on holiday his government has been busy publishing a draft Construction Contracts Bill. This is the long awaited proposed legislation amending and supplementing the Housing Grants Construction and Regeneration Act. There are proposed changes to both the adjudication and payment provision as set out in the Act.
The proposals are full of interesting things. For example, there is a suggestion that Construction Contracts no longer have to be in writing for the Act to apply. The new Bill does however require that the adjudication provisions be in writing.
A slip rule is included for Scottish Adjudications; in England we already have such a rule by virtue of case law.
There are also new provisions concerning costs, but these are relatively unexciting seeking merely to stamp out clauses which make one party liable for the costs of the adjudication no matter what the outcome.
The Draft Bill also makes some important changes to payment provisions but sadly space constraints here do not permit me to take you through those.
BERR have produced an explanatory note of the Draft Bill (Google it) and any comments are to be sent back to BERR by 12 September 2008. I see that the person dealing with the responses is called Lilly Lotay.
Perhaps I've had too much sun, or not enough Cognac and tonic, but that name definitely has an air of surfing about it…
