Legal Comment – Page 69
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CommentThe NPPF: Lack of clarity will lead to challenges
A lack of clarity in the NPPF will pave the way for debate and challenges rather than speeding up the development process
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CommentEconomic duress: Progress Bulk Carriers Ltd vs Tube City IMS LLC
Parties are free to negotiate a hard bargain, but if your behaviour is deemed unethical or unconscionable, then you risk short shrift from the courts
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CommentE-disclosure: What's inside your computer?
E-disclosure is complicated and requires planning and co-operation between the parties if it is to be effective
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CommentNew asbestos regulations: The risks
From tomorrow stricter regulations will govern even low-risk asbestos work, triggering new obligations for contractors and property owners. Building reports on the risks for the industry if it doesn’t follow the legislation to the letter
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CommentWhy Network Rail is playing fair
Network Rail hasn’t had to bully firms into signing its payment charter, for the simple reason that it’s in their interests too
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CommentBuilding regulations: No liability for yes men
Big changes are being proposed to the Building Regulations, but not in the case of claims against local authorities for negligent approval
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CommentVietnam: The legal landscape
Construction opportunities in Asia are on the up, but what about the practicalities of doing business in a country such as Vietnam? Here’s a guide to what you need to know
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CommentDispute boards in the UK
They’re endorsed by the World Bank and pioneered in the US, so why are dispute boards not more widely accepted in the UK?
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CommentNew Libya: The impact of Sharia law on construction contracts
What do firms hoping to do business in Libya need to know about Sharia law, which may become to basis of the new constitution?
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CommentConstruction Law, by Julian Bailey: A little light reading
New tomes on construction law and Scottish arbitration are well worth picking up - if your back can take it
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CommentDoing business in China: The meaning of Guanxi
When doing business in China, exchanging gifts, building friendships and developing mutual trust are more important than signing the contract
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Comment
Cleaning up the contaminated land regime
Changes to the contaminated land regime are set to simplify the way in which local authorities designate sites, which spells good news for the building industry
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CommentThe TCC and standard final accounts disputes
High Court judges are rebelling and want to send standard final accounts disputes to the county courts. All very well, but it would be a lot quicker to get adjudicators to hear them
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CommentShould contracts have a clause explaining what 'force majeure' means?
Force majeure has no definition in common law so is it time to introduce a clause into construction contracts that actually says what it means?
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CommentTony Bingham: Dereliction and duty
Does a council have the right to step in if a building is falling down and the owner does nothing? It’s not quite that simple …
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CommentPublic procurement: Don't take it lying down
Challenges to public contract awards are rising - and judges are stepping in where regulators have failed to tread
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CommentDesign and build contracts: There's always a risk
Design and build contracts were meant to prevent claims arising but, as the M6 toll road project shows, the one-stop shop approach can still lead to the courts
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CommentInterim decisions and disputes: The benefit of hindsight
Decisions made during a construction project that are later reviewed can split opinion, with some parties in a dispute asking an adjudicator to ignore what actually went on to happen
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CommentRefusing to pay an adjudicator's award: Dicing with disaster
Refusing to pay an adjudicator’s award because you think it will be overturned further down the road can be a dangerous and expensive game
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CommentNew procurement strategies and legal contracts
The government’s plan to become a smarter client is coming into clearer focus with the publication of three procurement models, to be trialled alongside three different contracts