Legal views – Page 16
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CommentAlliancing with excellence: the JCT’s Constructing Excellence Contract
Alliancing can improve quality as well as productivity – and the JCT Constructing Excellence Contract is just the ticket.
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CommentCan you share the pain? Doosan, Interserve and the TCC
Kate Jones explores a new ruling which highlights potential issues with target cost contracts under joint ventures
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CommentCase in focus: Everwarm Ltd vs BN Rendering Ltd
Ted Lowery on the perils of indifference to contract formation
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CommentLaser pointers: Collateral warranties and construction projects
Is it possible for a party to provide a collateral warranty without realising it, asks Francis Ho
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CommentDon’t let them keep your money
Retention clauses in some housebuilders’ contracts could be illegal and subcontractors should challenge them
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CommentLessons in delay analysis
Debates over methodology can take on a life of their own and lose sight of the facts
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CommentThe ties that bind: When 'subject to contract' backfires
Adding tags such as ‘subject to contract’ can fail to have the desired effect – and might even backfire
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CommentTall towers and trade marks
Louise Popple considers intellectual property rights in iconic buildings
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CommentConstruction contracts: Maintaining good relations
What does it mean if a contract is classified as a relational contract? And how does this relate to a duty of good faith?
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CommentLegal abroad: Doing business in West Africa
The second of our new series on the legal issues to consider when operating abroad
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CommentFire safety: Are you covered?
Complying with Approved Document B on fire safety doesn’t guarantee you’re meeting the Building Regulations
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CommentDon’t touch those defects
Steven Carey examines the feasibility of applying for an injunction to restrain a replacement subcontractor from rectifying defects
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CommentCase in focus: Dickie & Moore Ltd vs Trustees of The Lauren McLeish Discretionary Trust
Ted Lowery considers whether, in a recent case, the pupil had become the master
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CommentWhat it takes to crystallise a dispute
And how the concept works in the context of adjudication
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CommentNo bar, black sheep: Construction Act adjudication prevails
Mistakes and omissions on payment or adjudication that fall foul of the Construction Act can be expensive
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CommentAdjudication and insolvency
How does a court decide whether to uphold an adjudication enforcement for a company at risk of insolvency?
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CommentThe perils of payment on modular
Be wary when amending standard form payment provisions for modular construction
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CommentIs it fair to share the pain? Rectifying defects on a project
Jeffrey Brown considers who should pay for the rectification of defects discovered during the work under a target cost contract
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CommentInsolvency and inquisitiveness
Simon Lewis explains the limits of requests for information under section 236 of the Insolvency Act when a company goes bust