All Legal articles – Page 97
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CommentSupply-only deals: Beware your own small print
Supply-only deals don’t normally go to adjudication but here’s one that did largely because neither side had a clue what the terms of the contract said
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CommentDon't waive legal privilege goodbye
Legal professional privilege can be inadvertently waived, meaning you will have to hand over potentially damaging information. Here’s how to stop that happening
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CommentProcurement: Following the fashions
As the government prepares to implement its Construction Strategy, Peter Hibberd looks back on how the world of procurement has changed over the past 50 years
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NewsCompetition watchdog to probe products merger
Office of Fair Trading refers acquisition by Epwin to the competition regulator
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CommentGhana: A modern legal outlook
Oil revenue, high growth and political stability are expected to generate extensive construction opportunities in Ghana. So how does the legal regime work?
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CommentLetters of intent: Use with caution
If work has to start before a full contract is in place, a letter of intent seems like a convenient solution. But beware - they can lead to all sorts of complications
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FeaturesCostly legal disputes: Everyone's a loser
The amount spent on legal disputes has jumped by a third in the UK over the past year. Why are construction firms still so keen to spend on litigation?
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CommentHow to follow a pre-action protocol
A pre-action protocol could help resolve your dispute and avoid a costly court procedure - but it involves more than simply complying with a set of rules
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CommentWhen pay-when-certified goes wrong
Pay-when-certified is fine in theory, but it tends not to work if the date of completion is plucked from thin air
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CommentAgree how to disagree
From picking the right decision makers to getting the cash, dispute resolution is a minefield - it pays to have clear provisions in place before a project even begins
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CommentPoint West vs Mivan: Blast from the past
A dispute over who should cough up for the costs of making good defects to a penthouse hinged on a fundamental aspect of contract law: what did the contract originally intend?
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CommentNew CIOB contract: Testing terms
Is the CIOB Complex Projects Contract a bit too, well, complex? It will be interesting to hear what clients and contractors think …
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CommentChanges to bankruptcy proceedings: No credit where it's due
Some of the proposed reforms to petitioning for bankruptcy are to be welcomed but others will hit creditors at a time when they are already struggling for survival
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CommentQSs and performance bonds
A QS can go to great lengths to get a contractor to put a performance bond in place. But if the contractor won’t pay for the bond, why blame the QS when the proverbial hits the fan?
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CommentGreen issues and building contracts
Ensuring construction contracts adhere to environmental legislation is not just about saving the planet - they can help your project run smoothly and protect you, too
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CommentThe NEC and 'good faith' clauses
The New Engineering Contract’s requirement to act in a spirit of mutual trust could penalise over-zealous suppliers just as easily as slack clients
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NewsCost of construction disputes rockets 35%
Disputes costing more and taking longer to resolve, EC Harris report finds
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CommentConstruction Act payment rules: Why the scheme works a dream
The Construction Act’s payment rules have baffled many a great mind - but all you have to do is follow the ‘Scheme’…
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CommentAvoiding delays on projects: New CIOB contract
A contract aimed at reducing the factors that lead to costly delays is very much written for modern times - now is your chance to have your say
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NewsLegal bids could derail passage of HS2 bill
Judicial review bids could mean bill for high speed project is unable to be passed in this Parliament