Legal Comment – Page 62
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The presumption of regularity
Challenges to an adjudication in a Scottish court demonstrate the difference between an adjudicator and a lawyer – an adjudicator can act on gut instinct
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Who's best for BIM?
Appointing a BIM manager early on a project is important to gain maximum benefit and avoid disputes. Is there already someone on the team who could take the job on though?
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Small debts claims: Click and collect
Pursuing money owed can be a complex – and costly – business. But there is a simple way to make claims online
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Pension benefits: Retiring types
Employers are now obliged to auto-enrol ‘eligible jobholders’ into a pension and pay contributions on their behalf. It amounts to a 3% hit on your payroll so you need to prepare
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Shard wars
A top team of construction folk was assembled to build London’s iconic building, but a Dispute Adjudication Board might have prevented a 12-day High Court bust-up
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Concurrent delays and extension of time
What happens when delays have been caused equally by client and contractor? Here are some thoughts from John Marrin QC
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How to force your adversary to reveal all
Crushed by claim files and in fear of the adjudicator? Just hope you remembered to include a contract clause that will force your adversary to reveal all
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Keep it local
How can construction invest in local communities without violating EU regulations? ConstructionSkills and Trowers Hamlins have produced guidance
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A stitch in time
It’s best to serve payment and pay less notices on time, especially in a climate where insolvency is common
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Sustainability: Do the 'decent' thing
‘Championing sustainability’ sounds like a lot of boring corporate good intentions. But apparently it entails treating your clients and colleagues with respect
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The 2013 legal calendar
What legislative and regulatory changes are due to take effect in 2013? Here’s a list to look out for over the coming year and their likely impact
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10 wishes for 2013
As a new year begins and pantomime season draws to an end it’s time for us to put an order in to construction’s fairy godmother …
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From the archive: Tony Bingham's first Building column
Read an extract from long-servng Building columnist Tony Bingham’s debut comment piece from 25 years ago
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International law: 2012 round-up
Building’s international legal experts reflect on a year where arbitration has been increasingly promoted in developing economies
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PF2: Second time lucky
The government has finally revealed details of its replacement for the private finance initiative. What can we expect under the ‘Son of PFI’?
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That was the year that was
A largely dispute-free Olympics Games were the triumph of the year but elsewhere construction lawyers had plenty to keep them occupied
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Feeding frenzy
Adjudication today is a far cry from what parliament envisaged but there’s no question it’s working well for the disputomaniacs who earn their crust from it
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Judicial review reform isn't enough
For real change of the judicial review process, the courts need greater funding to speed up the determination process
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BIM: Taking the leap
BIM has the potential to change the face of the construction industry, but will it?
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Professional indemnity insurance: A risky business
The economic downturn and increase in repossessions has meant that it is increasingly difficult for surveyors involved with valuations to get professional indemnity insurance