Legal Comment – Page 17
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CommentCase in focus: Martin vs McLaren Construction Ltd
Ted Lowery considers an unsuccessful call on a personal guarantee
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CommentConstruction contract mistakes: That wasn’t quite what we meant
When rectifying contracts to fix drafting mistakes, what happens if the parties disagree on what was meant?
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CommentSolar panels have a right to light
Overshadowing of solar panels has been ruled to be a material consideration in planning
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CommentReverse VAT is a backwards step
Reverse-charge VAT is an awful idea – subcontractors depend on the taxation time-line delay to ease their cash flow
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CommentLegal: Beware the adjudication time bar
The first court decision to apply the NEC time bar for non-Construction Act disputes is revealing
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CommentForce majeure: Use with caution
Liability exclusion or force majeure clauses don’t always work as intended, so draft your contract carefully, says Stephanie Canham
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CommentLegal: A contract means what it says
Robert Akenhead explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs
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CommentParent companies beware: you may still be liable
A cautionary tale for companies with subsidiaries operating overseas
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CommentA new model for mediation?
Hot on the heels of TeCSA’s low-cost mediation service, the CIC has included a fixed-fee option in its new model agreement
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CommentCuriouser and curiouser: how the role of the adjudicator is becoming more complex
Adjudicators are asked to resolve increasingly complex issues, so the RICS’ new rolling training programme is most welcome
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CommentDouble your money or bust: Beware of retention of title clauses
These can leave a contractor paying twice for materials if a subcontractor goes bust
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CommentCase in focus: TQ Delta LLC vs Zyxel Communications UK Ltd & Anor
Ted Lowery considers the lessons of an application to substitute one expert for another
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CommentAre lenders becoming more confident about offsite?
Stephanie Canham considers the changing climate on funding issues for MMC and modular construction
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CommentRetentions: Is the endgame in sight?
Rudi Klein offers an update on the plan to reform retention practice in the construction industry with a brand-new system
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CommentTall buildings: Housing versus heritage
In the first of our new series on the legal considerations of constructing tall buildings, Joanna Bassett considers the issues around planning permission
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CommentMears v Costplan: Identifying practical completion
Steven Carey looks at one of the first cases to apply the recent Mears vs Costplan ruling on identifying practical completion
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CommentStormy waters: Issues when paying subcontractors directly
Sarah Leaver on a boatbuilding case that highlights problems in paying subcontractors directly
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CommentNEC4 Alliancing Contract: Let’s do this together
Sheena Sood examines how the NEC4 Alliancing Contract approaches project risks, liabilities, insurance and disputes
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CommentCase in focus: JJ Rhatigan & Co (UK) Ltd vs Rosemary Lodge Developments Ltd
Ted Lowery considers a case in which the adjudicator appeared to have ignored a witness statement
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CommentWrong but not responsible
A recent case serves as a reminder that just because a party is at fault does not necessarily make it responsible for a loss