Legal views – Page 52
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CommentWitnesses: Remember it like it was yesterday?
Judges and dispute deciders should place little reliance on what witnesses ‘recall’ happened, as our minds forget and distort events over time - however vividly we think we remember
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CommentFundamental breach: Calling time
If you think the other party to your contract has committed a fundamental breach, you better be sure before you lock the site gates behind them - as you could be committing one yourself
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CommentPanama Canal project: Troubled waters
With an estimated $1.6bn shortfall and no adequate remedy in the contract, the Panama Canal project shows that a low tender price and transferred risk don’t make for plain sailing
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CommentCIL: A complex regime
According to the government CIL is a “fairer, faster and more transparent” system than Section 106 agreements. In reality it’s a bit more complicated than that
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CommentInsurance: Hand arm vibration
Around five million workers are exposed to hand arm vibration. So what can employers do to minimise the risk of this problem and guard against costly insurance claims?
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CommentOverseas investors: Biting the hands that feed us
Don’t blame developers and foreign investment for housing shortage
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CommentAdjudicator jurisdiction: Between a rock and a hard place
A case from January illustrates the potential difficulties of seeking to limit the jurisdiction of an adjudicator and how, consequently, their decision may be wider than expected
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CommentForum shopping: Retail therapy
Tempting as it may be to shop around for your preferred adjudicator, the courts won’t look kindly on it - and you might end up with a longer dispute than you bargained for
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CommentGuaranteeing the guarantees
What happens when a firm agrees to deliver a bond or collateral warranty and then fails to do so? Mr Justice Ramsey, it seems, thinks ordering specific performance may be a solution
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CommentThird party funding: A third wheel?
Stopjoin Projects Ltd vs Balfour Beatty Engineering Services highlights issues which arise when third parties get involved in financing construction companies
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CommentOffshore wind power: Winds of change
Legal and regulatory hurdles are making offshore wind power unneccessarily expensive. Before the next round of projects is procured, we need to cut the costs in half
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CommentJackson Reforms: Justice going cheap
Andrew Mitchell found himself falling foul of the new Jackson Reforms when it came to costs in the ‘Plebgate’ case. But what will the changes mean for construction disputes?
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CommentJackson Reforms: Spare us the rod
The Jackson reforms address unacceptable practices in some civil courts – none of which occurred in the TCC. So why are the same measures being imposed on construction litigation?
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CommentChoosing subcontractors: My choice but your fault
What happens when the client wants to have its cake and eat it by choosing the subcontractors but making the main contractor wholly responsible for their performance?
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CommentPayment applications: Good housekeeping
Challenges can be prevented or fought off by clearly marking payment applications and ensuring that all references in an adjudication submission are consistent and correct
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CommentArbitration: You get what you pay for
The choice between litigating and arbitrating a dispute is becoming starker. Some may go back to arbitration, but does it really matter?
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CommentStatutory limitation periods: The sense of an ending
If a statutory limitation period for making a claim can begin with the adjudicator’s decision, disputes can potentially drag on for over a decade. There may be a solution lurking in NEC3 …
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CommentBIM and the dark arts of insurance
Insurers are begining to adapt to BIM and to see its opportunities
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CommentCaps on liability?
Liability caps have been around for a long time but are they the hot topic for 2014?
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CommentWomen in construction: Can we bridge the gap?
With skills shortages threatening the sector how can we make sure that the best and brightest women are being encouraged to join the world of construction?