by DNH (BD) | Apr 25, 2024 | Dispute Resolution
In construction projects, there is no privity of contract between a sub-contractor and the employer of the project, even if the subcontractor is a nominated sub-contractor. However, suing a party for negligence does not require the existence of a contract. As such,...
by DNH (BD) | Apr 9, 2024 | Dispute Resolution
The familiar saying, “turning a blind eye,” takes on new significance when it comes to the legal concept of willful blindness. Contrary to the notion that ignorance is bliss, the law holds that being unaware or uninvolved is not a defence when it comes to...
by DNH (BD) | Mar 27, 2024 | Dispute Resolution
The “seat of arbitration” refers to the jurisdiction in which the arbitration takes place. It does not refer to a physical venue, but instead to the law that governs the arbitration’s procedure. In domestic arbitrations (ie: arbitrations that involve no international...
by DNH (BD) | Feb 26, 2024 | Dispute Resolution
Quantum meruit means “as much as one has deserved”. It is a claim for a reasonable sum for the services supplied, where the services supplied was not compensated. In a construction contract, the main beneficiary of the services of the contractors and sub-contractors...
by DNH (BD) | Sep 27, 2023 | Dispute Resolution
You have 6 years from the date of your arbitration award to have it recognised and registered as a court judgment. Thereafter, you have another 12 years from the date of the arbitration award being registered, for it to be enforced against the judgment debtor. The...
by DNH (BD) | Sep 25, 2023 | Dispute Resolution
Construction contracts commonly give employers the right to retain a percentage of the certified sums of work done, known as retention sums. The purpose of the retention sum is to secure performance by the contractor, and it will usually be released upon certain...
