All Legal articles – Page 8
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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
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CommentWill developers be left holding the political hot potato on planning reform?
Proposals do little to address the real issues that cause planning delay and will only worsen local authorities’ lack of resources
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CommentSupreme clarity on liquidated damages
Accrual of liquidated damages ends on termination of the contract, the Supreme Court has ruled
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CommentThe Building Safety Bill: a legal view
Theresa Mohammed examines the draft legislation in detail, including the associated regulations revisions
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CommentEssential law: Liquidated damages, part four
Continuing our series on the basics of construction law, Chris Hadnutt considers whether liquidated damages clauses survive termination of contract
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CommentNavigating the steel crisis: contractual considerations
How can contractors mitigate the impact of materials shortages?
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CommentBeware the legal differences when using MMC
Standard construction contracts are often unsuitable for MMC projects, so housing providers should have the right protections and agreements in place
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CommentChallenges to adjudication: keep it plain and simple
Any challenge to a purported right to adjudicate must be plain, specific and certain if it is to succeed in court
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CommentContract terms: the eiusdem generis rule
Lindy Patterson explains a key principle of contract interpretation, based on a presumption against the use of surplus words
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CommentCase in focus: Newcastle United Football Company Ltd vs The Football Association Premier League Ltd and Others
Ted Lowery on a decision highlighting the need for adjudicators to disclose relevant prior connections
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CommentModern slavery – look closely at your supply chain
Scrutiny of the construction industry is increasing. How can firms ensure they don’t accidentally fall foul of the law?
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CommentJCT’s new chair sets out her vision
Karen Kirkham explains how she expects the contracts body to respond to the challenges of a fast-changing industry