Legal views – Page 11
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CommentAdjudicator nomination – an access to justice issue?
A study into industry attitudes on adjudication suggests need for reform of adjudicator nomination and charging models
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CommentA case of judicial intervention in public procurement
Sir Robert Akenhead examines a recent ruling that helps identify the limits to the court’s readiness to intervene in public procurement processes
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CommentA question of scope
A party that wants to limit the scope of an adjudication must be wary of asking questions that accidentally widen the dispute
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CommentConstruction cartels – don’t get caught out
If you’ve accidentally fallen foul of anti-competition law, come clean to avoid or minimise the fines
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CommentBe prepared for smart contracts
The next generation of contracts should be designed to work with MMC
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CommentThe year ahead in construction law
Sheena Sood previews what 2021 will hold for the construction industry from a legal point of view
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CommentDefects in new homes – all change?
The housebuilding industry is about to get its own ombudsman, who will need to operate within the existing complex contractual and statutory framework
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CommentUsing dispute boards in international projects
This increasingly popular approach can offer faster resolution of international disputes on live schemes
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CommentCase in focus: Chell vs Tarmac Cement and Lime Ltd
Ted Lowery considers the implications of a practical joke on site that backfired
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CommentCountering the cost: 2020, a remarkable year in construction law
Rupert Choat reviews the year in construction law – one in which the pandemic made survival and damage limitation the priority for many
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CommentNEC4 revisions on liquidated damages and payment provisions
NEC4 contract terms have been altered in the light of two recent court judgments
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CommentHalliburton vs Chubb: disclose, disclose, disclose
A new Supreme Court ruling clarifies the test for apparent arbitrator bias
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CommentInternational arbitration – which system of law applies?
A recent Supreme Court ruling clarifies how to determine which country’s legal system should apply to an arbitration under an international construction contract
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CommentLimitations of the transferred loss principle
Third parties need to carefully consider the precise wording of contractual protections to avoid losses disappearing into contractual black holes
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CommentEssential law: Liquidated damages, part one
Our series on the basics of construction law moves on to liquidated damages. In the first of four articles, James Worthington and Carolyn Davies look at ways to challenge such clauses
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CommentAdjudication in insolvency: any further questions?
The latest instalment in the saga of adjudications involving insolvent companies brings more questions than answers
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CommentCovid risks are being shunted down the supply chain
Subcontractors should beware of sneaky contractual clauses that force them to carry the bulk of all covid risk
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CommentOmission of work – what’s the cost?
The recent case of Van Oord vs Dragados offers guidance on the pricing of compensation for omission of work
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CommentCasting light on novation and assignment
A recent judgment has offered a thorough and illuminating review of the principles around assignment and novation
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CommentGet CROSS and improve building safety
The new mandatory regime on building safety will be complemented by a voluntary scheme for industry-wide information sharing, implemented through expansion of the CROSS scheme