Legal Comment – Page 44
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CommentDangers in the deep
A recent case shows the risk that design-and-build contractors are exposed to on complex projects such as offshore wind farms
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CommentStatutory payment provisions: Where are we now?
There is little review over the provisions which have changed the payment regimes in the construction industry
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CommentCDM Regulations: On a role
The Construction (Design and Management) Regulations 2015 came into force last month, but misunderstandings remain over principal designers and CDM co-ordinators
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CommentFIDIC contracts: Simply red
A recently reported case held that the employer was not entitled to take advantage of its own wrongdoing in enforcing a condition precedent under the FIDIC Red Book
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CommentLove thy neighbour (or sue them)
What happens if something happening on a neighbouring property causes damage to next door?
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CommentCyber attacks
The building industry needs to wise up to the threat of attacks on businesses from cyberspace and what it can do to guard against them
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CommentStandard terms: May the forms be with you
Are you sure your standard terms and conditions of contract apply?
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CommentVBC: Pretty vacant
How much should a developer get when a vacant building is brought into use or knocked down to make way for new build? Does the vacant building credit deserve credit or a post-election re-think?
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CommentWitness compensation: Cab, please!
Witnesses can be paid ‘compensation’ for court appearances. But, as the case of a certain disgraced former DJ shows, you’re not likely to get paid a four figure sum. More like minimum wage
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CommentHow not to do it
Having terms of the main contract in a subcontract is a common practice, but poor drafting can mean it does not have the intended effect
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CommentConsultants: Know your limits
Consultants have a duty to exercise reasonable skill and care. But is there any clarity as to how far they need to go so as not to land up in deep water?
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CommentE is for Energy (you’ll need it)
The perils and pitfalls of minimum energy efficiency standards for commercial landlords are highlighted by new regulations set to come into force in April 2018
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CommentAdjudication: A red card for the bullies
An adjudicator has to decide disputes without fear or favour, but how can they do this when bullying is so widely considered to be just part of the game?
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CommentBlacklisting: Trouble in store
An engineer who seems to have been a victim of blacklisting was not entitled to compensation because he was engaged via employment agencies
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CommentBattle of the dictionaries
A recent case shows how contractors wishing to insure against liabilities need to be clear about the meaning of key words
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CommentConstruction contracts: Global branding
UK construction and UK law are both recognised as quality products. How do our construction contracts translate to other jurisdictions?
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CommentWhen an inspector calls
A new code of practice concerning powers of entry could affect site inspections for construction companies
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CommentLike it or lump it
By using lump sum design and build contracts developers can require a contractor to bear financial risk
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CommentRetentions: Fit for purpose?
There have been problems with retentions ever since they were introduced to ensure builders finished a job to a good standard. But finding an alternative has proved elusive
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CommentContract variations: Crystal balls at the ready
A dispute with Winchester council over changes made to a 10-year-old development agreement could lead to local authorities attempting to pre-empt contract variations