All articles by Robert Akenhead

  • Robert akenhead bw 2017
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    The offsite trap: modular methods and contract law

    2020-06-02T05:00:00Z

    With modular building methods, the question is: when are construction operations not ‘construction operations’?

  • Robert akenhead bw 2017
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    Adjudication and insolvency

    2019-10-31T06:00:00Z

    How does a court decide whether to uphold an adjudication enforcement for a company at risk of insolvency?

  • Robert akenhead bw 2017
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    Legal: A contract means what it says

    2019-08-22T05:00:00Z

    Robert Akenhead explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs

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    Does not using a lawyer make you a litigant in person?

    2019-02-28T06:00:00Z

    To what extent may a company without legal representatives be treated as a litigant in person?

  • Robert akenhead bw 2017
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    A country manor house conspiracy

    2018-11-01T08:42:00Z

    Shenanigans by two brothers fixing up a fancy house highlights the risks of working for undercapitalised companies

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    Legal: Agreed in principle

    2018-08-24T06:00:00Z

    When is a contract a contract, asks Robert Akenhead – is it when a notional agreement is agreed, or does it need to be more formal?

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    Legal: Careless talk can cost cases

    2018-05-24T06:00:00Z

    Robert Akenhead highlights the dangers of a private conversation between one party in a case and the judge, arbitrator or adjudicator

  • Robert akenhead bw 2017
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    Legal: Not quite the last word

    2018-02-07T06:30:00Z

    Robert Akenhead explains why final isn’t always final – so make sure your contract’s finality provisions are clear and explicit

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    The end of the affair?

    2017-09-22T12:17:00Z

    Robert Akenhead returns with a column highlighting a recent inventive use of debt recovery legislation to recoup the costs of an adjudication

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    Debts in paradise

    2017-03-23T06:00:00Z

    A Caribbean case - marked by carelessness and potential illegality - highlights how horribly wrong a construction project can go. It also shows the specialist expertise of the TCC

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    Partial failure is not good enough

    2016-11-14T18:05:00Z

    An interesting case sees total failure of consideration used as a means of defence. But can some performance be disregarded and total failure still exist?

  • Robert Akenhead
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    Total cost: A global view

    2016-06-07T14:54:00Z

    Akenhead returns to Building with a column on a recent case which examined the issue of ‘total cost’ or ‘global’ claims

  • Robert Akenhead
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    The TCC's new home: Roll with the times

    2011-10-14T00:00:00Z

    The Technology and Construction Court is an increasingly valuable resource and area of expertise. Its new home reflects this and helps it perform on the world stage

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    Judges: So very PC

    2011-07-08T00:00:00Z

    Judges have a reputation for being stuffy and old fashioned. But they’re actually as tech-savvy as teenagers and use their skills to speed cases through the courts

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    What’s so great about the TCC?

    2010-09-03T00:00:00Z

    The principal arena for construction dispute settlement has become a major force in the English legal system

  • Robert Akenhead
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    What’s fair is fair

    2007-01-12T00:00:00Z

    If you follow the gold rush to Dubai, what are your chances of surviving a contractual dispute with the client? Well, about the same as in Dorking ...

  • Robert Akenhead
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    Courtly love

    2006-05-19T00:00:00Z

    The furore surrounding Multiplex vs Cleveland Bridge has thrown the spotlight on the TCC, which after a bad patch is now winning the hearts of litigants

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    Er, who?

    2005-05-20T00:00:00Z

    Getting a name wrong is embarrassing, but if it happens when issuing a writ on a firm it can be more serious. Luckily the courts take a common-sense view

  • Robert Akenhead
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    Come closer, my dears …

    2005-01-07T00:00:00Z

    Want to know the future? Then cross our very own legal astrologer’s palm with silver as he gazes into his crystal ball and makes his predictions for 2005

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    Blind eyes and bloody kids

    2004-11-05T00:00:00Z

    Contractors have to be on their guard against potential defects or dangers even though they aren’t covered in the contract – as these cases illustrate