All Case law articles – Page 2
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NewsTolent clauses examined
In a landmark judgment yesterday, the Technology and Construction Court held that clauses that require a contractor to pay the employer’s legal costs, win or lose, do not comply with the Construction Act
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Comment
Going nuclear: contracts for decommissioning work
Everything you wanted to know about the nuclear decommissioning sector but were afraid to ask – explained to you in a three-part series starting with this overview
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Comment
Commitment issues
Helen Garthwaite and Brad Fearn The carbon trading scheme was launched last week, and you need to know what the new rules could mean for you – including who will pay for it all
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Comment
Third party pooper
The Contract (Rights of Third Parties) Act empowers third parties to enforce contractual terms. Yet in the 10 years it’s been around, it has had hardly any effect
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Comment
Mangled by the machinery: notice provisions
Generally speaking, the courts are understanding if a party makes a smallish mistake with its notice provisions. But don’t rely on it
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Comment
Corporate manslaughter: When they read you your rights
The Corporate Manslaughter Act makes it likely that anyone involved in an investigation will find themselves being grilled in a police interview room. Here’s what they can expect
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Comment
Construction contracts: Unintended consequences
Here’s a curious story in which the drafters of a contract tried to save a little time and paper, and ended up fundamentally changing the nature of the agreement
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Comment
When adjudication won’t do: Enterprise vs Tony McFadden
When a water contractor went into liquidation, it left behind a complicated set of debts and contracts, and a continuing legal struggle …
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Comment
Rules of the games: Olympic health and safety
Not content with running one of the biggest projects in UK history, the Olympic Delivery Authority also wants to overhaul health and safety standards
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Comment
Exceptional circumstances: Construction Act
A recent decision by Mr Justice Ramsey means that the Construction Act can be applied to more activities than you may have thought
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Comment
Choosing an expert witness: Michelangelo Who?
Many cases are decided by the testimony of an expert witness, says Paul Donnelly. So, a great way to lose your case is to employ the wrong one. Here’s how you avoid that
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CommentCarbon reduction regs: Are you ready to commit?
The Carbon Reduction Commitment energy trading scheme comes into force in April, but building owners should be preparing for it now if they want to avoid a hefty bill
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CommentInformation overload: The bumf tax
Tenderers are forced to wade through a shedload of information for the odd relevant detail, costing them a fortune. A few trips to the county court might put an end to the practice
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Comment
On-demand guarantees: At the mercy of the client
The most powerful weapon at a client’s disposal – the on-demand guarantee – leaves contractors open to claims at the drop of a hat
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Comment
Eco offences: A civil war on pollution
The proposed Environmental Civil Sanctions Order will give regulators powers to impose penalties on construction firms that damage the environment
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Comment
Electronic documents: Indecent disclosure
Showing the other side your electronic documents is far more expensive and dangerous than simply putting emails and Word documents on a memory stick
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Comment
Public procurement: A fresh chance to challenge
Public bodies should tighten up their procurement systems, as the remedies directive will widen the scope for firms to contest their decisions
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Comment
Legal costs: And you say we won?
As Costain vs Haswell shows, judges are using exact measures to work out who pays how much of the legal costs. The results should give a lot of litigants pause for thought
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Comment
Tory planning policy: Merging on the ridiculous
The Tories say they’d integrate the new Infrastructure Planning Commission with the Planning Inspectorate. It’s a bold vision, but unfortunately it would make the situation worse