Legal Comment – Page 75
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CommentDeciding a case: Theory vs practice
What’s the law regarding deciding a case on its merit? What are the merits of deciding a case on the law? It’s a debate that may interest judges more than your average builder
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VAT on design and build: Vatman returns
When the HMRC threatened to charge VAT on design fees in design and build contracts it put the viability of many schemes at risk. Now it seems to have had a change of heart
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CommentDispute resolution: Multiple choice
If you have a construction dispute your biggest problem isn’t the other party - it’s deciding which dispute resolution option to go for
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CommentRules and regulations: Getting caught out
Inquiries into bidding processes have a time limit. Fair play, right? Not if you get held up in the rules and regulations
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Insolvency: When is it official?
Insolvency is something we are seeing a lot of at the moment but most contracts don’t deal with the void between being insolvent and being declared insolvent
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CommentConstruction Act changes: Are you ready?
What you need to know about payment notices to avoid falling foul of the new act
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CommentBreach of contract: A long climb to justice
If you ask someone to design and supply a staircase and it arrives as a heap and not fit for purpose, you can shout breach - but does that mean you can reject the goods?
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CommentHarmonising contract law: Europe's meddling
The introduction of an optional instrument to harmonise contract law throughout Europe could muddy the contractual waters and leave uncertainty in its wake
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Adjudication fees: Paying your dues
Instead of the losing party picking up the bill, a clause in the NEC adjudicator’s contract says parties should pay the fees in equal shares, but there are ways round it
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Dos and don'ts: Pre-action protocol
The latest in our dos and don’ts series looks at using the pre-action protocol to settle construction disputes
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CommentWho picks up the bill for the riots?
If you’ve been affected by the riots check closely to see if you can recover any costs of the disturbances
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CommentTime is money
If adjudication is used as an in-depth, sophisticated examination of a dispute, expect to pay the price for it - especially if you’re the losing party
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CommentDodgy payment practices: Save us from ourselves
Journalism isn’t the only sector guilty of abuses. Construction’s own dodgy payment practices are legendary - but to be rid of them it will have to fall back on its own resources
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CommentPublic procurement: Part of the service
There’s been a surge in public procurement disputes in the past six months and the court is proving itself to be the ultimate one-stop-shop for tendering problems
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CommentAdjudicators: I've started so I'll finish
A referral may get ’lost in the post’ or a party may simply refuse to serve it but that doesn’t stop the adjudicator from deciding a case and making an award
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Asbestos legislation: It's a killer
Under pressure from the European Commission, the government announced earlier this month a consultation on beefing up asbestos legislation - employers take note …
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Dos and don'ts: Delay tactics on infrastructure projects
The latest in our dos and don’ts series looks at how employers on major infrastructure projects try to protect themselves from the consequences of late completion
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CommentTolent clauses: Read but don't weep
The new Construction Act stands accused of letting contractors force subbies into picking up all adjudication costs, but that’s an overly pessimistic reading of the legislation
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Converted offices: Too much homework
Fancy living in a converted office? The government wants you to but Jay Das thinks it’s a short-term solution that will create long-term problems
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CommentEnvironmental impact: A thorny issue
The development process can quickly become tangled up in rules governing pre-existing flora and fauna. Here’s the lay of the land …