Legal views – Page 10
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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
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CommentWhat does the VAT reverse charge mean for you?
The domestic reverse charge comes into effect on 1 March – here’s what you need to do
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CommentEssential law: Liquidated damages, part two
Continuing our series on the basics of construction law, Andrew Keeley looks at the consequences of a liquidated damages clause being unenforceable
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CommentA new construction products tsar
Will the new regulator have the teeth it needs? And what about product testing?
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CommentInsurance pain in the supply chain
Professional indemnity insurance is a growing problem for subcontractors, yet clients and main contractors seem utterly blind
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CommentLet’s legislate on home warranties
Better Building Regulations won’t help without systems to ensure adherence – that means legal minimum warranty standards
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CommentThe legal view of the Future Homes Standard
Ashfords’ Katharine Rutherford explains what the new standard means for contractors
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CommentScale and ambition in the MENA region
Billions are being invested in infrastructure and transportation projects, says Fenwick Elliott’s Simon Tolson
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CommentOur journey to net zero could be thwarted by insurance barriers
Renewed scrutiny of fire and building safety regulations poses challenges for the adoption of sustainable construction materials such as timber, says Paul Lowe