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Last updateFri, 20 Oct 2017 3pm

Legal

Implied terms in contracts – isn’t it obvious?

Everyone likes the word “reasonable”, especially lawyers. It is an objective term that has been analysed and tested over the years. The popularity of the concept also means that it is perceived as an acceptable compromise position to allow contracts to be signed (and argued about later). A similar line of analysis applied to understand when terms will be implied into contracts has now been clarified and overturned.

Read more: Implied terms in contracts – isn’t it obvious?

Adjudication may not help those who fail to follow statutory payment regime

The case of ISG Construction Ltd v Seevic College[1]  (the 'Seevic case') has provided helpful guidance on the court’s approach to disputes involving payment notices under the statutory payment regime introduced by the Construction Act[2]  and Part I of the Scheme[3] relating to payment. In particular the court made clear its reluctance to allow a party to use adjudication on a technicality to circumvent the payment provisions and reinforced the need to comply with the appropriate contractual or statutory payment and pay less notice provisions.

Read more: Adjudication may not help those who fail to follow statutory payment regime

What happens when sub-contractors claim self-employed status is a sham?

Imagine the situation – J, a ‘self-employed’ electrician, has worked for ABC Services Ltd for five years consecutively, other than for the odd week or two when on holiday or ill. In that time J has worked on a number of sites for ABC and has always completed the work himself. 

When he has been unable to work, ie on holiday or ill, then ABC have typically not engaged anyone else but used their in-house electricians to do the work. When the work is available J has always done the work himself. Although J is registered through the CIS Scheme as a self-employed operative, they do not always provide records such as invoices or timesheets. 

Read more: What happens when sub-contractors claim self-employed status is a sham?

Accidents in the workplace: where do the risks lie?

We’re all well aware that nowhere is completely safe – but that doesn’t mean you should have to put up with an unnecessarily dangerous working environment. Manchester based Tranter Cleere Solicitors have compiled figures from various sources, including the Health & Safety Executive (HSE), Office of National Statistics (ONS) and the industry publication The Law Society Gazette, to run through just what the risks are at workplaces across the UK.

Read more: Accidents in the workplace: where do the risks lie?

Consumers best protected by written contracts, says FMB

Written contracts for building work is the best option for consumers wanting to protect themselves from unscrupulous tradesmen, says the Federation of Master Builders (FMB) in response to the publication of the Draft Consumer Rights Bill.  

Brian Berry, the Chief Executive of the FMB, said: "The Government is right to want to increase protection for consumers against rogue traders and to ensure they are better informed about their rights. However, the idea that consumers will be willing and able to record verbal agreements on their iPhones is misplaced. The best way for consumers wanting to protect themselves when commissioning home improvement or repair work is to insist on a written contract. This simple requirement will weed out the cowboys from the professional builders.”

Read more: Consumers best protected by written contracts, says FMB