All articles by Rupert Choat
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CommentHitting the high spots: 2023 in construction law
The legal highlights of 2023 include a case on a high-up viewing platform and a new regime for high-rise residences
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CommentThe year of moving on: 2022 in construction law
As we all tried to move on from the pandemic, many of the year’s most notable cases also related to problems of closure
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CommentThe end of the beginning: 2021 in construction law
Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic
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CommentCountering the cost: 2020, a remarkable year in construction law
Rupert Choat reviews the year in construction law – one in which the pandemic made survival and damage limitation the priority for many
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CommentWhat next for the Construction Act?
Rupert Choat queries how its fitness for purpose is being assessed
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CommentA very appealing year: Court of Appeal’s impact on construction law in 2019
Rupert Choat reviews the past 12 months in construction law – and finds that the Court of Appeal featured heavily in 2019
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CommentContracting for Brexit
Rupert Choat examines the legal position regarding unexpected circumstances arising from Brexit
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Comment2018 in legal - the year of the agreement
While one particular agreement dominated this year’s headlines, there was plenty on offer from other agreements
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CommentTime’s up on 100% time bars
Why do time bar provisions strike down all of a claim, not part of it? Standard forms should allow a less extreme option
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CommentLegal blog: 2017 in review
This year confirmed the care needed by parties regarding the terms they contract on. We were also gifted yet more updated standard forms, just in time for Christmas
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CommentDoes what it says on the tin
Our contract law prizes certainty, as do our firms, except when they are on the receiving end. A recent case confirms our courts’ preference to apply contract terms strictly
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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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CommentPayment rules: Was it worth it?
Over the last 20 years the industry has invested in trying to improve cash flow, but has it been money well spent?
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CommentArbitration and adjudication: A tale of two acts
Statutory adjudication has emulated arbitration, including its mass of case law. Is it time for an Adjudication Act?
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CommentSeason of goodwill (not)
This year confirmed the inexorable rise of challenges to publicly procured projects. Next year is unlikely to be any different
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CommentLADs: Sharing the pain
Recent cases may prompt employers to increase the liquidated damages they seek from contractors, who in turn may be more inclined to pass them down to subcontractors
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CommentExtension of time: Time is not on our side
Lessons should be learnt from six recent cases on delayed projects and extension of time disputes. However, as with those projects, progress is slow
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CommentArbitration: You get what you pay for
The choice between litigating and arbitrating a dispute is becoming starker. Some may go back to arbitration, but does it really matter?
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Comment2013: Unlucky for some
Lawyers had plenty to keep them busy this year, with duties of good faith in commercial contracts, lawsuits over blacklisting and confusion over changes to court rules