All Legal articles – Page 11
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CommentHome extension is building too
It’s time to bring domestic dwelling disputes within the adjudication provisions of the Construction Act – this is getting crazy
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CommentIn praise of common sense in litigation
When an adjudicator resigned for pretty sound reasons, the referring party was remarkably determined to avoid paying his bill
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CommentForce majeure in the context of war
What contractual clauses may apply where the Ukraine war has detrimentally affected a construction project, whether directly or indirectly?
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CommentHow will the war in Ukraine affect materials supply?
Renewed disruption to global supply chains will require construction firms to take mitigatory steps
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CommentLegal abroad: Doing business in Chile
Our series on foreign jurisdictions: green infrastructure opportunities must be weighed against the uncertainties of a new political direction
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CommentBeware the new biodiversity burden for developers
Requiring all new schemes to provide a net gain in biodiversity will add cost and complexity
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CommentA key ruling on payment claim time bars
Hirst vs Dunbar considered whether the Construction Act’s payment provisions affect the limitation period for payment claims
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CommentPlease stop arguing with the arbitrator
The courts are pushing back against losers’ attempts to challenge arbitration rulings on dubious procedural grounds
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CommentSettle now or later? Why the final account stage needs more attention
Given the benefits of holding fire, contracts should make more provision for resolving all disputes at the final account stage
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CommentEssential law: Defects, part two
In the second article of the essential law series to look at the topic of defects, Jane Burrows explains when a defect could prevent practical completion as opposed to just being a snagging item
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CommentCase in focus: Readie Construction Ltd vs Geo Quarries Ltd
A case in which the contract terms required full payment for defective goods
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CommentLearning from Grenfell: collaborative procurement to support building safety
New government guidance will help implement Judith Hackitt’s recommendation of a more integrated, less adversarial approach to construction
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CommentThe fury of a homeowner
Tony Bingham is alarmed by an MP’s draconian suggestions for regulating domestic building works – and has a much better idea
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CommentCan you skip the adjudication step?
A health board’s right to raise a court action against its contractors was challenged on the grounds that the contract required adjudication be undertaken first. Shona Frame and Kathryn Moffett unpack the implications of the case
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CommentA new bill proposes to abolish retentions altogether
Another private member’s bill aimed at reforming payment practice in construction has more ambitious aims than its predecessors
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CommentResearch identifies the main causes of disputes
Toby Hunt and Helen Collie share the lessons from the latest Crux Insight 2021 analysis of project cost and time overruns, which found design issues are now the top cause of disputes
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CommentDecarbonisation: managing change
Stephanie Canham unpacks the contractual implications of the new heat and buildings strategy and the upcoming changes to Part L
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CommentSex, gender and freedom of speech in the workplace
Rebecca Bull warns that employers must be mindful of the law on sex versus gender, including on protection of belief
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CommentThe end of the beginning: 2021 in construction law
Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic
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CommentMaking-good decisions
A recent TCC case produced an important ruling on the role of notices of completion of making good defects and looked at severance of adjudicators’ decisions