All Legal articles – Page 97
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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
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NewsDelay to £400m energy plant prompts planning review
Permission for waste-to-energy plant delayed when objections lead to ‘special parliamentary procedure’
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NewsContractors fall out over Olympic Broadcast Centre
Main contractor FCC Elliott facing £500,000 claim by design and engineering consultant Cundall over Olympic work
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CommentThe impact of the Construction Act six months on
The amended Construction Act has been in effect for over six months. What impact has it had on contracts and what redress does it offer if things go wrong?
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CommentTony Bingham: Disputes before payment date
Here’s a recent dispute over payment that was deemed to have crystallised even though the payment date had not been reached
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CommentSite investigations: Don't get stuck on shaky ground
A site purchased for development may already have a geotechnical and environmental report attached. But will it offer the developer enough protection?
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NewsSubcontractors to blame for oil spill, says Lend Lease
Contractor mounts defence that shifts blame for faulty system to Overbury and Gratte Brothers
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CommentBest endeavours clauses: When your 'best' is put to the test
Best endeavours clauses sound fair enough until the contractor finds that sticking to them could leave it out of pocket