Legal views – Page 12
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CommentSmash and grab gets whacked
A recent case involving a ‘smash and grab’ adjudication shows that the courts will prioritise fairness over procedure
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CommentDoes business interruption insurance cover covid?
A recent ruling shows that if insurance is to cover pandemic risks in future, then policy wordings specific to the construction industry will need to be drafted
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CommentAssistance for the insolvent – is it all one way?
Construction companies in financial straits have been helped by recent law changes, but limits to that assistance are important too
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CommentCase in focus: MG Construction Ltd vs AGD Equipment Ltd
Ted Lowery considers a claim for defective piling equipment
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CommentSign the EWS1 form at your peril
The EWS1 form was meant to offer reassurance about fire safety, but in liability terms it’s a death trap for consultants
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CommentCan’t pay, won’t pay
How many steps does it take to get the losing party to pay up as ordered? Extraordinarily many, at times, as this case shows
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CommentEssential law: Variations, part four
Continuing our series on the basics of construction law, James Worthington and Vanessa Jones address the scope to omit works under a building contract
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CommentCan a duty of care be owed to a non-existent party?
Simon Lewis examines a case that clarifies the rules on when a duty of care can be owed to third parties
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CommentPayment abuse: let’s fix it
Almost three years after the government published its consultation on retentions, why has so little action yet been taken?
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CommentInsolvent companies are not barred from adjudication
The Supreme Court has ruled that the insolvency set-off rules do not trump the right to adjudication
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CommentKick-starting construction with minor works
Recent government initiatives have created opportunities for construction, especially minor works – but which contract forms should you use?
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CommentGood in parts: clarity on severance
An adjudication that is partially flawed can still be upheld in the areas in which it is sound, according to a recent appeal decision
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CommentThe Building Safety Bill explained
Three lawyers detail what measures the new legislation is likely to contain and how it will operate
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CommentCase in focus: MW High Tech Projects UK Ltd vs Balfour Beatty Kilpatrick Ltd
Ted Lowery considers whether the introduction of a delay report reset the clock for a dispute
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CommentWhat does ‘design life’ mean in construction contracts?
Examining the implications of contractual obligations on the ‘design life’ of buildings, and how far they extend
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CommentImplementing the CLC Roadmap: a legal view
What legal enablers are required to deliver the Construction Leadership Council’s Roadmap to Recovery?
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CommentMake no mistake: HMRC to crack down on furlough scheme abuses
Firms need to get their paperwork in order in case they get a visit from the tax man, writes Michelle Sloane
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CommentProject bank accounts come of age
It has taken 21 years for PBAs to become mainstream, but we are finally there
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CommentEssential law: Variations, part three
Continuing our series on the basics of construction law, Katherine Keenan consider some of the issues that can arise when a contractor undertakes variations without a written instruction
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CommentWill the Building Safety Bill make insurance unaffordable?
Regulatory change is coming but the government must also consider the insurance industry’s ability to provide robust cover, argues Weightman’s Paul Lowe