All Case law articles – Page 3
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Comment
Law of limitation: And your time starts … now!
New legislation is on the way (at last) to reform the law of limitation of actions. But should it be a single limitation period and if so for how long: three, six or 10 years?
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CommentFee rates: What's a lawyer worth?
Lawyers are discounting fees and moving away from hourly rates, but limits on them taking a share of sums recovered in a dispute may disappear
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Comment
Appointing consultants: Bully-boy tactics
The suspicion is growing that public authorities are using their dominant position to impose onerous conditions on consultants’ appointments. It’s the last thing the industry needs
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Comment
OFT special: What now?
The OFT has imposed fines of £129.5m on 103 firms that colluded with competitors. Over the next four pages we look at the legal aftermath – starting with Chris Hill on the question of appeals, restitution and discrimination
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CommentTake the fifth: Liability for design mistakes
If you’re an architect, and you suddenly realise that you’ve made a mistake, do you have a duty to tell your client about it? Well, that all depends
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Comment
Insurance cover: Don't attempt the impossible
If you don’t make sure your subcontractors have a specific level of cover you may find your own insurer drops you like a hot potato
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NewsOFT verdict: The client's options
What could those who have employed or are currently employing the services of contractors named by the OFT do now they know the score
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Comment
Environmental damage: Have we got newts for you
The EU’s Environmental Liability Directive has now, at last, been written into UK law. Here’s what it says – and how to minimise your risk
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CommentJCT for major projects: I Love you just the way you are
The clear, efficient and comprehensive JCT Major Project Construction Contract is about as good a form as you’ll find. But don’t go trying to change it …
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Comment
Getting there: Revision to JCT contracts
The latest revision to the JCT contracts is a step in the right direction, but doesn’t go far enough to enforce the OGC’s Achieving Excellence in Construction aims
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CommentRepugnant behaviour
A recent case has shown that the more serious a breach of contract, the less likely it is that a court will accept an exclusion of liability clause
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Comment
Trouble in the transfer market: TUPE regulations and frameworks
Under TUPE regulations, staff are transferred from contractor to contractor depending on who is doing the work. But how does that function with frameworks?
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Comment‘Valid’ doesn’t mean ‘true’: withholding payment
A party that doesn’t want to pay another needs to issue a withholding notice with a reason why it’s not paying – but does this reason need to be reasonable?
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Comment
Much obliged: Infrastructure contributions
Many local authorities are demanding standard infrastructure contributions when they are not due at all. So can developers question this?
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CommentGreen paper: Eco-ratings in contracts
Clients and buyers have come to expect a high sustainability rating for their property, but where does that leave the contractor?
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CommentProve your worth: Net worth test
Money matters Banks looking to safeguard funding have a new test for construction projects’ guarantors, but how will it affect contractors?
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Comment
Should you fess up?: Corruption
The Serious Fraud Office’s efforts to encourage self-reporting of corruption has created quite a dilemma for the construction sector
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CommentAll for one: The OGC's contract decision
Tony Bingham claims the Office of Government Commerce was wrong to endorse the NEC3 contract over others, but in reality this is just the standardisation he was seeking
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Comment
Secrets and lies: Aukett Fitzroy Robinson's fraudulent misrepresentation
A court has found architect Aukett Fitzroy Robinson guilty of fraudulent misrepresentation for failing to inform its client that a team member had quit
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Comment
How do I... issue a statutory demand?
Kicking off Berwin Leighton Paisner’s series on making the most of the legal process, Melissa Moriarty explains the use of a powerful money-extraction tool