Latest by Alan Stone

Publication

Construction Contracts Part 1 – Who is party to the contract?

Published on 11 October 2021. By Paul Smylie, Associate and Alan Stone, Partner and Tom Green, Partner

Green tint 4

It may at first sight appear difficult to imagine a scenario where works are performed and paid for but it is not clear who the parties to the contract are. Common sense would suggest that is simply the person or company who performs the work and the person or company who pays for it. However, it is not always readily discernible who those parties are, for example because payment is being made by a person or company who is not obtaining the benefit of the works or because a different party appears to be giving directions under the contract.

Read more
Publication

“Last man standing”

Published on 14 July 2017. By Alan Stone, Partner

Untinted 4

What duties does a monitoring surveyor owe to a lending bank?

Read more
Publication

Changing experts - a risky business

Published on 07 September 2016. By Alan Stone, Partner

Green tint 4

The recent case of Allen Tod Architecture Ltd (In Liquidation) v Capita Property and Infrastructure Ltd (previously known as Capita Symons) provides a timely reminder of the risks of changing experts. In this case, the Defendant made an application for specific disclosure of documents prepared by the Claimant’s first expert. The High Court held that privilege in such documents should be waived and the documents should be disclosed where a party seeks to rely upon the evidence of an alternative expert.

Read more