All articles by Dominic Helps
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CommentFIDIC standard form: Rock steady ruling
A dispute originating in Gibraltar demonstrates how international cases can be brought to London’s TCC to take advantage of its specialist knowledge
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CommentAdjudication costs: Winner takes all
New European regulations raise the possibility of adjudication winners being allowed to claim back legal costs from the losing side. But would this contravene the Construction Act?
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CommentE-disclosure: A clearer path?
As electronic communication and documents become increasingly ubiquitous, procedures around disclosure have to be updated to keep up
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CommentShepherd vs Pinsent Masons: What a carry on
You may hope that a long relationship with a law firm will ensure continuity of service. But if the firm merges or becomes a new legal entity, then watch out for what changes
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CommentFace the music
Passing the liability parcel is a favourite party game, but a judgment in the TCC shows how important it is to get the contract right
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CommentComing back to haunt us
Bouygues vs Dahl-Jensen, one of the most controversial adjudication cases ever, has just risen from the dead. And it’s put the willies up a lot of lawyers
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NewsThe Construction Act is changing
It’s been a long time coming but now that government has promised primary legislation we could see substantial amendments
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CommentA sackload of trouble
Can a party to an adjudication introduce evidence that wasn’t previously disclosed if it fundamentally alters the original claim? The answer used to be no, but a recent judgment may have reversed this
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CommentYou can’t always get what you want
Here’s the story of a PFI scheme that caught fire. And it’s the story of how the parties then strained to construe their contracts in the most favourable way. Some were not successful
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CommentA step too far
Extending the Construction Act to embrace oral as well as written agreements is to be applauded. Expanding the definition of ‘agreement’, on the other hand, is definitely not
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CommentMr Justice Jackson vs Gaymark
The issues of extensions of time and liquidated damages are of crucial importance in commercial contracts – hence the importance of the controversial Gaymark principle
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CommentIf at first you don’t succeed ...
A lot of firms seem to think that if they lose an adjudication, they can try again with a different adjudicator. Ah, but what happens when they finally win and the other side won’t pay?
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CommentCausing death and saving lives
The bill on manslaughter and corporate homicide that is midway through its second reading in parliament must ensure that senior managers can be held personally to account
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CommentDo we have to pay up?
LEGAL AID - A contractor has withheld £18k and is claiming a further £60k from the subbie because the project did not meet practical completion. Is there any way to dismiss the claim?
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CommentHarry Houdini is dead
Two weeks ago we ran the story of the consultant that got caught up in a legal wrangle over a landslip. The case then proceeded to the Court of Appeal, where it attempted an impossible escape …
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NewsBehind every green man...
Our newly-green blogger is planning some creative ways to reduce his household's carbon footprint - he's going to confiscate his wife's car keys. It begs the question: just how environmentally friendly is marriage counselling?
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CommentIt’s down to the developer
A half-baked rethink of the law is unlikely to increase project safety. Placing the burden of responsibility at clients’ doorsteps is a much more effective solution
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CommentCDM: An audit
The Health and Safety Executive has just recommended changes to the CDM regulations. So the first question we should ask is: will they do any good?
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