All articles by Rupert Choat – Page 2
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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
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CommentMuseum of Liverpool case: What went wrong?
Despite being urged to settle, the architect involved in the Museum of Liverpool case chose not to. Thus follows a cautionary tale about how not to approach a trial
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CommentNo crime and punishment
Contracting authorities can ban bidders from their tenders for certain crimes and also for non-criminal acts that amount to ‘grave misconduct’
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CommentWhat implied terms imply
The question of what terms should be implied - and what they mean when they are implied - is often at the centre of disputes, as recent cases show …
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CommentThat was the year that was
A largely dispute-free Olympics Games were the triumph of the year but elsewhere construction lawyers had plenty to keep them occupied
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CommentThe Construction Act: Lost in translation?
As we await the first court judgment on the Construction Act’s amended payment rules, questions remain over whether the law says exactly what legislators meant it to …
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CommentPublic procurement: Don't take it lying down
Challenges to public contract awards are rising - and judges are stepping in where regulators have failed to tread
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CommentThe legal view: 2011
Not all of this year’s cuts were bad but not all of the government’s actions were positive either. Here’s a round-up of 2011’s legal developments …
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CommentWhen does the new Construction Act apply?
Working out when the new Act applies is tricky, but looking at past cases might help
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CommentBecause I’m worth it
Contractors can deliberately hold off concluding a contract in the hope of benefiting from a quantum meruit. Sometimes they end up with more than they bargained for
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CommentOnce upon a time
The law determining whether there should be an extension of time when both employer and contractor are to blame for a delay in construction, is in disarray
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CommentLegal review of the year: Negotiating the chaos
The legal year was dominated by cuts, judicial reviews of cuts, and contractual squabbles. The prospect of chaos was never far away
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NewsSmall row, titanic waves
Developers can’t always force buyers who lack funds to complete. And as a recent test case shows, the difficulty is knowing when it would be better to apply for damages
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CommentCan school bid costs be recovered?
Procurement processes are usually set up to give the procuring body no duty to pay bid costs if schemes don’t go ahead. But there may be particular circumstances on certain contracts that could justify bidders recovering their bid costs
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CommentDuty of care: Who cares?
A recent case has tried to clarify when a duty of care arises. But it remains an area blighted by arbitrariness and uncertainty
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CommentWe’re not there yet
Adjudication may be more popular than ever, but the recession has shown that it still has flaws – as does the rest of the Construction Act
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CommentWhat price, justice?: Jackson's cost review
Lord Justice Jackson has released his recommendations for ways to reduce the cost of litigation and make the courts more accessible. And he’s done a good job, too
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NewsAt what cost?: Lord Justice Jackson's costs review
What Lord Justice Jackson's final report on the litigation costs regime may mean for construction dispute resolution
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CommentThe decade from hell: Legal review
It ended badly and, to be honest, it didn’t start that auspiciously either, but at least it also contained some reforms that may well stand the test of time
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