Ian Yule

Ian Yule

Ian Yule is construction and engineering partner in Shoosmiths

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    It ain't put your feet up time

    2018-02-15T06:30:00

    Just because an employer’s own actions have delayed completion does not necessarily let the contractor off the hook, explains Ian Yule

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    Legal blog: Traps for the unwary

    2017-10-05T06:00:00

    The latest revision of the New Engineering Contract, NEC4, could cause a few headaches for the employer’s project manager

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    Adjudication: The corrections

    2016-07-12T12:47:00

    Judges in the TCC will usually say that adjudicators’ decisions are there to be enforced. But a Part 8 procedure can be used to alter final decisions on self-contained legal points

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    Mind the gaps

    2016-10-19T06:00:00

    When words are removed from a contract, deciding what to bring back into the court room can be a tricky business. A recent TCC case provides an example

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    It was never a problem before

    2017-02-22T06:00:00

    The rule of ‘estoppel by convention’ is increasingly significant in disputes about payment or payless notices. So, what is it and what do the courts say about it?

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    Fact versus forecasts

    2017-06-30T06:00:00

    How should the monetary effects of compensation events be assessed months after the event itself? There are two different schools of thought on that

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    Adjudication: Running repairs

    2014-03-11T06:00:00

    Adjudication has proved very successful in keeping construction disputes out of the courts, but the system needs a few tweaks to make sure it continues to operate smoothly

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    Letters of intent: The road to Hell

    2014-06-12T06:00:00

    Letters of intent are often used while parties and their lawyers haggle over terms. But what happens when a contractor is required to work in accordance with terms still being discussed?

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    Construction Act: Pay back time

    2014-09-26T06:00:00

    Moves to speed up payment for the supply chain may have tipped the balance too far the other way and some subcontractors are cashing in

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    Design obligations: Much obliged

    2014-11-12T06:00:00

    If a contract contains a clause requiring reasonable care and skill and another stating strict design obligations, can once cancel out the other?

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    ICC: There’s a new guy in town

    2015-03-20T06:00:00

    Many employers procuring civil engineering projects have turned to the NEC reluctantly and for want of any alternative. Now the ICC has positioned itself as a genuine rival

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    Eeny, meeny, miny, moe

    2015-06-17T10:38:00

    Should you choose arbitration or High Court for your dispute resolution clause? Steep rises in court fees have made the choice trickier

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    Quantum meruit: Just desserts

    2015-12-09T07:00:00

    It seems only fair that a party should be paid a reasonable amount for the work it performed. But the courts have taken a nuanced approach to quantum meruit claims

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    Construction Act: In out – shake it all about

    2016-04-05T10:00:00

    The power/process plant exemption to the Construction Act no longer makes sense

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    Gaps in the framework

    2009-10-02T00:00:00

    If you’ve got a framework, a lot of contractual stuff is written into it. But there are still vital clauses that have to be agreed on the jobs themselves – so what happens if they aren’t?

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    The home guard: Defective Premises Act

    2010-01-15T00:00:00

    The Defective Premises Act protects the owners and occupiers of dwellings against shoddy workmanship. A recent case will help ensure that those at fault do not escape liability

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    About this turbine you sold me

    2010-04-23T00:00:00

    An NEC form for the supply of high-value items has arrived on the scene to compete with the handful of contracts that already provide this facility. What’s the verdict?

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    PFI contracts: Chain of fools

    2010-08-06T00:00:00

    The temptation to pass risk down the supply chain until it ends up with a man and a van should be resisted. Here’s why

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    Bad form: RIBA standard form

    2010-10-08T00:00:00

    The RIBA’s standard conditions contain a few things for clients to worry about, the main one being that they have to pay their architect even if they forget to put a door in

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    Suspend reality

    2011-04-01T00:00:00

    Make sure you’re clear on the terms of a contract before suspending for non-payment. If you get it wrong, you could end up being burned

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