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Ian Yule is construction and engineering partner in Shoosmiths
Just because an employer’s own actions have delayed completion does not necessarily let the contractor off the hook, explains Ian Yule
The latest revision of the New Engineering Contract, NEC4, could cause a few headaches for the employer’s project manager
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
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
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?
How should the monetary effects of compensation events be assessed months after the event itself? There are two different schools of thought on that
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
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?
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
If a contract contains a clause requiring reasonable care and skill and another stating strict design obligations, can once cancel out the other?
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
Should you choose arbitration or High Court for your dispute resolution clause? Steep rises in court fees have made the choice trickier
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
The power/process plant exemption to the Construction Act no longer makes sense
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?
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
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?
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
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
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
More by Ian Yule
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