Legal Comment – Page 9
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CommentEssential law: Liquidated damages, part three
Continuing our series on the basics of construction law, Chris Busaileh considers some of the issues with including liquidated damages clauses in subcontracts
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CommentLegal abroad: Doing business in Singapore
Continuing our series on operating under foreign jurisdictions, Paul Teo and Natalie Wong examine the opportunities in a Singapore that is set to thrive post-covid
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CommentCarbon neutrality and the law
For the government’s stringent emissions targets to be met will require not only further legislation but also changes in contract clauses and regulatory practices
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CommentOn being seen to be green – energy monitoring
The new London Plan requires building owners to verify and report on energy performance post-occupation – but how?
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CommentWe need a construction payments act
Rudi Klein argues that, 25 years after the Construction Act passed into law, it’s time for a new one to finally straighten out payment
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CommentThoughts on the Planning Bill
The bill, which appeared in the Queen’s Speech this week, contains a wealth of provisions, many controversial
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CommentVillage greens are for work and play
A new ruling reconciles landowner and public recreation rights but keeps landowners on their toes
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CommentDefects and limitation periods
Recent defects claims prompted by a renewed focus on building safety highlight common problems with limitation periods
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CommentCase in focus: D McLaughlin & Sons Ltd vs East Ayrshire Council
Ted Lowery considers an attempt to apply the Hutton principle in Scotland
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CommentHomebuyer surveys: consultants, beware the faults you can’t see
A surveyor who failed to seek certification for a refurbished home has been stuck with massive rebuild costs
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CommentHow to make joint ventures work
What are the elements of a successful JV, and what contractual omissions can lead to failure?
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CommentTrial by example
A recent case offers valuable guidance on how samples can be used cost-effectively to present complex cases
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CommentThe Uber effect in construction
What a recent ruling on employment status could mean for the building industry
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CommentHeat network regulations – time to re-evaluate?
Recent changes to the rules, and a growing focus on enforcement, mean heat suppliers should assess their obligations more closely
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CommentGet tooled up for the new off-payroll rules
The IR35 system for hiring freelance contractors changes next month, but there are problems with the CEST tool intended to help implement it. What can you do?
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CommentExperts in two minds – but within one firm
A recent appeal case looked at whether a company can provide expert services in claims for and against the same party
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CommentAdjudicate first, litigate after
A Scottish court has upheld the NEC3 provision that makes adjudication mandatory before litigation can be sought
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CommentCalling the shots – what the law says about vaccination and employment
How far can construction employers go in urging covid-19 vaccination upon their staff, asks Francis Ho
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CommentInsurers told to pay out over covid
The Supreme Court has largely struck down insurers’ appeals against a ruling on their refusal to pay out over covid on business interruption insurance
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CommentBeware of ‘subject to contract’
Using this term implies no binding agreement has been made and thus can invalidate a supposed contract