Legal Comment – Page 57
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CommentA stake in the ground
Labour’s warning to developers that they should use land or prepare to lose it may sound bold, but will it be any more effective than existing compulsory purchase powers?
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CommentTaking a penalty
Liquidated and ascertained damage clauses for delays can see a contractor lose money - unless they can argue that the amount charged is a penalty and therefore unenforceable
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CommentIndependent thinking
Next year the people of Scotland will decide whether to cut their historic ties with the rest of the UK. What effect could independence have on the Scottish construction industry?
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CommentQatar: To boldly go where Boris has gone before
From pearl fishing to being one of the world’s wealthiest countries, per capita, Qatar is on an upward trajectory. What do you need to know to do business there?
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CommentLegal brief: The airport debate
There’s a need for more airport capacity in the South-east, but most politicians would rather leave the decision in the ‘too difficult tray’
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CommentCorporate manslaughter: How to avoid breaching the law
The number of corporate manslaughter cases is rising - how can you avoid a breach in the law?
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CommentLegal brief: Third party rights
Traditionally, third parties on projects have looked to collateral warranties but drafted wisely third party rights can provide security but without the time, cost and pain
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CommentHearsay evidence: He said, she said …
If a witness cannot be traced, then a party might need to rely on hearsay evidence. But getting the court to give weight to such evidence isn’t easy
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CommentHow low can you go?
Desperate times call for desperate measures and some bids for public sector jobs have come in abnormally low. But this can be bad news for contracting authorities and bidders alike
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CommentRunning for cover
When a tower crane collapsed, the contractor blamed its subcontractor who turned to its insurer. But the insurer looked for wriggle room in the small print …
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CommentThe remains of the day
With tentative signs of improvement at last for the construction industry, it’s time to look at what has happened to the legal and commercial world since the crash of 2007
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CommentLegal brief: The inexpert expert
This case shows the importance of choosing the right expert and being able to justify decisions in settlement negotiations
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CommentLegal brief: A structured approach to re-structuring
Make sure you check the following points if you work with a consultant that has gone through a restructure
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CommentWitness statements: Beautiful phonies
Handcrafted witness statements represent clever pieces of advocacy - but this is not the function that they are supposed to serve. Facts are required, not opinions
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CommentLegal support for large infrastructure jobs
Internationalisation is affecting legal support for large infrastructure projects
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CommentOrder of precedence
Construction contracts often contain a number of contradictory documents but a clause setting out which has priority is no substitute for clear and careful drafting
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CommentLegal brief: Westshield Civil Engineering vs Buckingham Group Contracting
This judgment confirms when a claim has “commenced” and underlines the importance of pre-contract checks.
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CommentPPP contracts: Best practice
Three sides of A4 constitute the best practice guide aimed at making savings in public private partnership contracts. So, is it worth the paper it’s written on?
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CommentMyanmar (or Burma): The opportunity and the uncertainty
The economy could grow to $300bn by 2030 but it lacks major infrastructure. Here’s what you need to know about doing business in Myanmar