Legal Comment – Page 32
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CommentContracts: Delay signing at your peril
Starting on site without a contract can have major consequences. The more work that has been done and the more issues arising as a result, the harder it will be to get one signed off
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CommentAdjudication enforcement: Levelling the playing field
Is it fair when SMEs have to go to court to enforce an adjudication decision? Two of our columnists team up to argue that it’s time for reform
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CommentAdjudication costs: No harm in asking
It was understood that you could not claim costs incurred in adjudication, but that position has been complicated following a case before the TCC
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CommentA statement on infrastructure
Will investment on infrastructure in the Autumn Statement live up to government rhetoric? And what financial arrangements will be needed for projects given the green light?
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CommentPartial failure is not good enough
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?
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CommentThe book group
Thinking about getting in some early Christmas shopping? Here are some thoughts on two new publications on construction law, available now
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CommentStanding up to slavery
Large organisations are now required to publish a statement on what they are doing to ensure modern slavery is not taking place in their business or supply chains
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CommentIn the frame
Frameworks are here to stay but they don’t always run smoothly. A new tool aims to improve the process of collaboration by offering a standard model to work to
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CommentCase in focus: Enforcement and severance
Did inconsistencies between consecutive adjudication decisions render the second decision unenforceable? Or, if enforceable, could the second decision be severed due to an arithmetical error?
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CommentExpert witnesses: An expert switch?
Recent case law confirms the courts’ approach to parties changing from one expert witness to another and whether the first opinion sought should be disclosed to the court
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CommentCheck the paperwork
It’s not just Byron clamping down on illegal employees. The government has a drive on to catch workers who do not have the right to work in the UK - with big fines falling on those who employ them
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CommentMind the gaps
When words are removed from a contract, deciding what to bring back into the court room can be a tricky business. A recent TCC case provides an example
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CommentThe Welsh pipeline
Jeremy Williams analyses the Welsh political and economic landscape and asks what it will take to get several key multi-billion pound infrastructure projects off the ground
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CommentWeather delay: Come rain or come shine
How bad does the weather have to get for it to warrant an extension of time? We need to be aware of our contractual entitlements in exceptional weather conditions
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CommentA cure for the cashflow
As UK construction continues to be beset by poor payment practices, maybe the government should follow the example of tougher regulation introduced on the other side of the world
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CommentConcurrent delay: Time on your side?
The recent case of Saga Cruises vs Fincantieri considered the question of when delays will be concurrent
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CommentQuestioning expert witnesses
When an expert witness - a guardian of trust and knowledge - is proved wrong in court, it is tempting to try to turn psychologist and wonder what was going through his head
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CommentCase in focus: Expert shopping
To what extent should a party be required to disclose additional documents as a condition of being permitted to replace an expert witness?
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CommentOral agreement: Power of the spoken word
Where a contract insists all changes must be in writing, what effect should there be when changes are introduced following an oral agreement? A recent Court of Appeal case provides guidance
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CommentThe Insurance Act 2015 – No ask no tell?
On 12 August, the Insurance Act 2015 came into force, sweeping aside more than 100 years of legislation