Legal views – Page 8
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CommentAdjudication can rarely be enforced in insolvency
Julian Critchlow considers the recent appeal ruling in John Doyle, on insolvent claimants’ entitlement to summary judgment to enforce adjudicator’s decisions
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CommentConstruction mediation – a mandatory step?
Sheena Sood and Michael Salau on recent moves towards making ADR compulsory
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CommentEssential law: Defects, part one
As the series moves onto the topic of defects, Chi Mount explains the differences between a reasonable skill and care obligation and a fitness for purpose obligation
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CommentWill onshore wind stage a comeback?
Signs are emerging of a thaw in the government’s attitude to onshore wind, writes Angus Walker
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CommentBe prepared for new rules on compulsory electric vehicle charging
All new-build homes and offices with parking spaces will soon be required to have electric vehicle charging points. Neil Gosling examines the implications
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CommentClearer contracts can cut disputes
With materials shortages driving a wave of new delay disputes, the industry needs to take a more open approach to contract drafting, says Bill Barton
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CommentLabour’s alternative planning proposals
A potentially influential private member’s bill sets out four key changes to planning law, writes Katherine Evans
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CommentAverting supply chain breakdown
With insolvencies on the rise, be vigilant about your supply chain health, warn Stephen Rockhill and Tim Carter
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CommentTwenty-five years of adjudication
Theresa Mohammed looks back on a quarter-century of construction adjudication – what’s changed, and has it achieved its aimed?
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Comment£1 notices aren’t worth the paper they’re printed on
A payment notice is invalid if it fails to set out the amount genuinely considered due – placeholder notices don’t count, says Tony Bingham
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CommentCase in focus: Dana UK Axle Ltd vs Freudenberg FST GmbH
Ted Lowery looks at a case in which the defendant’s expert evidence was excluded
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CommentIs a collateral warranty a construction contract?
Victoria Peckett on what the Toppan ruling has added to the debate about when a collateral warranty constitutes a construction contract
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CommentA liquid situation over damages
Tony Bingham tells of a subcontractor defending a liquidated damages claim that decided it did want to pay them after all, when the client changed tack
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CommentPFI hand-back – are you at risk?
If you were involved in design or construction of PFI projects about to expire, be prepared for fallout in the form of claims against you as the facilities are handed back. By Sheena Sood
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CommentLegal abroad: Doing business in Bahrain
Gerard Moore and Bruno Savoie look at a country where infrastructure is strongly funded and arbitration well established
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CommentMake contractual provison for rising prices
In the face of disproportionate materials cost inflation, it is vital to use the right fluctuation provisions in your contracts, warns Peter Hibberd
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CommentOn too great expectations
Tony Bingham on a client who paid dearly for taking her builder’s quote and completion date too literally – with a whole lot of variations on top
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CommentA question of liability
The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Robert Akenhead
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CommentMaking the most of modular contracts
Jahanara Hussain and Sarah Hale on how to minimise the risks and increase the benefits from modular
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CommentMultiple dispute objections and cherry picking
A recent ruling in Prater vs Sisk confirms that referring discrete elements of a dispute to a single adjudication does not result in the referral of multiple disputes, writes Jessica Scott