Legal views – Page 70
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CommentThe bad side of good faith clauses
‘Good faith’ clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them
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CommentCauses and loss: Pegasus vs Ernst & Young
A case against Ernst & Young sheds fresh light on an old chestnut - whether the new owner of transferred assets can sue for its predecessor’s alleged losses
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CommentNEC contracts: Don’t look back in anger
Engaging in retrospective re-evaluations of contractual terms undermines the forward-looking and co-operative nature of the NEC
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Comment20 years in dispute: The antique road show
Nothing moves as slowly as the law - a dispute dating from 1991 is back in court and the arguments haven’t moved on an inch. Unlike the costs
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CommentThe Building Information Modelling minefield: Bimming hell!
Rightly, we’re all getting excited over Building Information Modelling, but if you don’t get your head around some of the contractual implications, things could get heated
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CommentNew asbestos regulations: Legal points to remember
Contractors dealing with non-licensed work will have to give asbestos regulations a little more thought after the changes from 6 April
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CommentFeed-in tariff timetable: Compensation for firms
We all know the government’s timetable for cuts to the solar feed-in tariff was illegal but how do those who suffered from the over-hasty announcement go about getting compensation?
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CommentRights of light: CIP Property Ltd vs Transport for London
A recent case involving a future Crossrail site demonstrates that you can’t start legal proceedings over a potential rights of light claim too early
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CommentNoise-related disputes: Sound reasoning
Arguments over noise are becoming increasingly common as urban areas get ever more congested, but the solutions to the problem are far from straightforward
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CommentLegal professional privilege: Careful who you trust
Your dealings with a consultant are only secret if that consultant is a solicitor or barrister - whether you like it or not
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CommentThe NPPF: Lack of clarity will lead to challenges
A lack of clarity in the NPPF will pave the way for debate and challenges rather than speeding up the development process
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CommentEconomic duress: Progress Bulk Carriers Ltd vs Tube City IMS LLC
Parties are free to negotiate a hard bargain, but if your behaviour is deemed unethical or unconscionable, then you risk short shrift from the courts
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CommentE-disclosure: What's inside your computer?
E-disclosure is complicated and requires planning and co-operation between the parties if it is to be effective
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CommentNew asbestos regulations: The risks
From tomorrow stricter regulations will govern even low-risk asbestos work, triggering new obligations for contractors and property owners. Building reports on the risks for the industry if it doesn’t follow the legislation to the letter
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CommentWhy Network Rail is playing fair
Network Rail hasn’t had to bully firms into signing its payment charter, for the simple reason that it’s in their interests too
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CommentBuilding regulations: No liability for yes men
Big changes are being proposed to the Building Regulations, but not in the case of claims against local authorities for negligent approval
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CommentVietnam: The legal landscape
Construction opportunities in Asia are on the up, but what about the practicalities of doing business in a country such as Vietnam? Here’s a guide to what you need to know
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CommentDispute boards in the UK
They’re endorsed by the World Bank and pioneered in the US, so why are dispute boards not more widely accepted in the UK?
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CommentNew Libya: The impact of Sharia law on construction contracts
What do firms hoping to do business in Libya need to know about Sharia law, which may become to basis of the new constitution?
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CommentConstruction Law, by Julian Bailey: A little light reading
New tomes on construction law and Scottish arbitration are well worth picking up - if your back can take it