Ian Yule

Ian Yule

Ian Yule is construction and engineering partner in Shoosmiths

  • Ian yule 2017 bw
    Comment

    Legal: Taking the long view

    2018-06-14T10:02:00

    Ian Yule looks at how the courts have interpreted clauses on good faith and co-operation in long-term maintenance contracts like PFI

  • Ian yule 2017 bw
    Comment

    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

  • Ian yule 2017 bw
    Comment

    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

  • Ian Yule
    Comment

    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

  • Ian Yule
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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?

  • Ian Yule
    Comment

    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

  • Ian Yule
    Comment

    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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    Comment

    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

  • Ian Yule
    Comment

    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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    Comment

    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

  • Ian Yule
    Comment

    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

  • Ian Yule
    Comment

    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?

  • Ian Yule
    Comment

    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

  • Ian Yule
    Comment

    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?

  • Ian Yule
    Comment

    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

  • Ian Yule
    Comment

    Rectification of contracts: Correction facility

    2013-12-03T06:00:00

    Rectification of contracts is not granted lightly by the courts. But where clauses have been intentionally doctored in drafting, this remedy still has an important role to play

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    Comment

    Adjudication: Beat the clock

    2013-07-01T09:39:00

    It is, of course, possible to get an adjudication overturned in court, but if the original case is heard only years after the event, things can get complicated

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    Comment

    Direct payment clauses: Caught in the middle

    2013-04-12T00:00:00

    An employer that gives itself the power to pay subcontractors direct if the main contractor does not, may find itself acting as a referee between two warring parties

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    Comment

    Concurrent delays and extension of time

    2013-01-21T10:53:00

    What happens when delays have been caused equally by client and contractor? Here are some thoughts from John Marrin QC

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    Comment

    Multiple choice gives no answers

    2012-09-07T00:00:00

    Raising one issue at a time in serial adjudications can lead to confusion all round - everything should be decided together

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