All Legal articles – Page 37
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CommentScoring an own goal
A benefit of arbitration is that it stops details of a dispute becoming public. But, as a case involving a football manager shows, if you challenge the arbitration you lose that advantage
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CommentDefects: Making it right
Contractors are expected to come back and repair any defects after completion of a scheme but if they refuse – or an employer does not ask them – who carries the cost?
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CommentShorter trials: Take a short cut
The TCC is piloting a scheme to promote shorter trials. A recent case has shown the benefits it can deliver in reducing costs
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CommentPlaying the game
A recent TCC case shows how the back and forth between contractor and employer around payment notices can descend into a parlour game
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CommentJCT DAB 2016: Refinement, not revolution
JCT recently issued an updated version of its Design and Build Contract. Here is an overview of the most important changes to take note of before signing up
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CommentMore words, fewer claims?
FIDIC will launch a second edition of its Yellow Book later this year. This longer contract looks to resolve some of the issues encountered by those using its predecessor
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CommentBasement builders: can you dig it?
What basement builders need to consider after a landmark High Court ruling
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CommentCase in focus: Non-delegable duty
Did a contractor owe a non-delegable duty in respect of the actions of its independent subcontractor?
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CommentOut off site, out of mind?
Modular construction is gaining support from major clients but the point at which legal ownership of off-site goods and materials passes to the purchaser is a crucial question
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CommentEnforcement: Crossing lines
What are the post-Brexit options for the UK government for enforcement of judgments within EU countries? Here are some of the routes available
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CommentHere today, gone tomorrow?
What are the main concerns for the industry as it moves into 2017?
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CommentWill nobody notice?
A recent case has highlighted the role and significance of notices, which can get particularly complicated when there are funding and insolvency issues
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CommentTrump? Oh no it isn’t. Oh yes it is!
So much of the world - and construction in particular - looks like the back end of a panto horse. Imagine if we had a powerful, no-nonsense wheeler-dealer taking over the reins…
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CommentMauritian Marathon
If your project is changed out of all recognition can you abandon the lump sum price and remeasure from scratch? A long-running recent case from Mauritius went back to basics
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NewsHill sells construction claims arm to Pret owner
The firm’s construction claims business snapped up by huge European investor which owns Pret a Manger
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CommentA year in increments
While 2016 had more than its fair share of instability, in the world of construction law, it was business as usual
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CommentUnlocking the private rented sector
There’s no silver bullet for the housing crisis, but using modular construction in the private rented sector could be part of the solution. How do we achieve higher density housing in crowded cities?
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CommentCase in focus: Final Account application
Where an adjudicator applies ISG vs Seevic to order payment of a final account application, can the valuation be challenged in a subsequent adjudication?
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CommentThe ties that bind
After Brexit, the UK is to go its own way regarding procurement and contracts but it will still have to work within parameters set by others if it is to trade internationally
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CommentFutureproof your disputes
Leaving the European Union could cause complications for the enforcement of court actions against firms and entities in EU member states. Arbitration could offer an alternative