Legal Comment – Page 81
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CommentChristmas deadlines: A guide to dealing with disputes
If you’re embroiled in a payment dispute over the festive period, getting the timing right could be critical
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CommentThe legal implications of using Building Information Modelling
BIM has huge benefits, but the principle of sharing could come unstuck when mistakes are discovered.
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CommentHow clients impose unreasonable terms on consultants
In austere times, clients are trying to transfer more of the risk onto desperate contractors. But to say consultants get off scot-free doesn’t tally with reality
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CommentLegal review of the year: Negotiating the chaos
The legal year was dominated by cuts, judicial reviews of cuts, and contractual squabbles. The prospect of chaos was never far away
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CommentA few of my favourite things
There are some good ideas coming out of the axe-wielding new management. One of the best is speeding up payments in the construction supply chain
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CommentWhen is an adjudicator’s decision binding?
When there’s more than one adjudication in a dispute, then the decision made by the first adjudicator binds the others, right? Well, it all depends what kind of decision it was
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Right to light
When there’s more than one adjudication in a dispute, then the decision made by the first adjudicator binds the others, right? Well, it all depends what kind of decision it wasr
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CommentThe insolvency exception to the pay-when-paid ban
The Court of Appeal ruling in Hare vs Shepherd gives out-of-pocket subcontractors a chance to challenge the insolvency exception to the pay-when-paid ban
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CommentEarly neutral evaluation: A practical guide
Early neutral evaluation has some advantages over mediation, particularly if there is a point of principle at stake. But it can be costly, and it won’t provide a full legal answer
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CommentCan councils stop Gove scrapping BSF?
Government could be forced to fund culled BSF projects after Judge forces issue into the High Court
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CommentA little local difficulty
Tony Bingham When the communities secretary decided he couldn’t wait for the Localism Act to abolish regional spatial strategies, he didn’t count on Cala Homes
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CommentChinks in the NEC armour
The NEC contract has been notable by its absence in disputes that end up in court. But recently there have been several judgments that point up some weaknesses
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CommentOutstanding novation
Rachel Barnes If no formal novation agreement exists between a contractor and a consultant but they act as if there was, a court may accept that the intention was to create an appointment
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Fancy a dip in the hot-tub?
Hot-tubbing, or concurrent evidence, is a tool that allows experts to tell the court how it is without being cross-examined. Charles Blamire-Brown looks at the pros and cons
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How to claim interest
There is no common-law right to interest when someone is late paying you, so providing for it in the contract is best. Even without that, you’ve still got a fighting chance
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Dismissing contractors
An employer who finds a defect during construction may be tempted to dismiss the contractor. But the contractor can fire back that the work shouldn’t be judged until it’s finished
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CommentProving economic duress
Some construction clients are trying to force their suppliers to drop prices. But the courts will come down hard on those who rely on illegitimate threats and financial leverage
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CommentNo complaints: Holystone vs Volker Stevin
Here’s a court case of an adjudication that went to enforcement, in which all four arguments a party used in its defence were defeated …
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CommentLet’s rebuild our legal system
The fundamental truth about contract law is that those who use it don’t understand it, and so it endangers their survival. Shouldn’t the government rethink the whole thing?
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CommentDifficult jurisdictions: Libya
In the first of a series on difficult jurisdictions, Chris Hill turns the focus on Libya where the opportunities are on a par with its challenges