Introduction
Every construction project has at least one consultant appointed by a developer (also known as an employer of the project). While the types of consultant and their respective roles may differ from project to project, a consultant s role generally includes the certification of work and progress. In most instances, this also requires the consultant to certify the amount payable for work done and the amount payable by the employer to the main contractor. A payment certificate will be issued thereafter.
As cashflow is crucial for main contractors in any ongoing construction project, prompt and expeditious payments by the employer are often expected. However, if the main contractor is dissatisfied with the payment certificate, can the main contractor sue the consultant for negligence? The Court of Appeal addressed this question in a recent case commenced by PCP Construction Sdn Bhd against L3 Architects Sdn Bhd.(1) In its decision, the Court of Appeal unanimously upheld t
The Home Office has confirmed that there will be no change to the right-to-work (RTW) check procedure for EEA nationals who start work in the United Kingdom between 1 January 2021 and 30 June 2021 (the post-transition grace period). However, it has left unanswered the question of what to do when an EEA national has no RTW.
The Companies (Amendment) Act recently entered into force and aims to decriminalise minor, technical and procedural non-compliance based on the nature and gravity of such offences, thereby facilitating and promoting the ease of doing business and further facilitating the ease of living for law-abiding corporates in India.
On 28 December 2020 the National Notes entered into force. The National Notes are the official interpretation instrument of the General Import and Export Tariff Code (TIGIE) of the new General Import and Export Duties Law (LIGIE) (for further details please see Are you ready for the new General Import and Export Duties Law? ). Their application is mandatory to determine the tariff classification of goods entering and leaving Mexico.
The National Notes contain specifications and criteria for the tariff classification of goods. They must be used to interpret the TIGIE and apply it in a uniform way in accordance with the new LIGIE.
Re Chinacast Education Corp,
(1) the High Court allowed a defendant s application for the release to him of a sum of money paid into court by the plaintiffs in order to fortify an asset freezing injunction that the plaintiffs had obtained against (among others) the defendant. The plaintiffs claims ultimately failed and the injunction was discharged. The defendant, in turn, obtained a monetary judgment against the plaintiffs. In allowing the defendant s application, the High Court had to decide whether the money paid into court had been advanced to the first plaintiff by the plaintiffs funders for a specific purpose such that it was subject to a trust claim and could be used only for that purpose, or whether the money could be used to satisfy the amount owed to the defendant.