Legal Comment – Page 36
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CommentSteps for the selector
Is it time for nominating bodies for arbitrators and adjudicators to review their appointment process?
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CommentReady for a reboot?
Adjudication, introduced as a quick-fix solution, has become blighted by tactical game playing. Perhaps it’s time to shake things up again
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CommentSour taste of a sweetener
A recent case reminds those operating in the construction industry of the risks of bribery, and provides insightful guidance on how to mitigate bribery risk
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CommentClarity begins at home
A recent case that revolved around a party’s liability in relation to asbestos has highlighted once again the importance of clear contract drafting
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CommentRisky business
The housing sector is increasingly turning to the EU Open Procedure to procure R M contracts. But does this leave the process open to challenges from disgruntled bidders?
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CommentRaising the time bar
Time bar clauses can provide a defence against claims for additional time and money. But when are they enforceable and why do two particular cases seem to show very different results?
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CommentA date with destiny
A court has ordered that building obligations must be performed ahead of the contractual completion date – it should ensure contracting parties fulfil their side of the bargain
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CommentContracts: Teetering on the breach
In this case from the oil and gas industry, a contractor tries to recover costs for its own negligence
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CommentHong Kong SOPL: Security measures
Hong Kong is planning to introduce security of payment legislation. A proposed model for it gives an idea what the final reform may look like
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CommentPre-action protocol: Room for improvement?
The TCC pre-action protocol is due for review – but do solicitors working in construction law think it needs major change?
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CommentTesting trials
Two new schemes being tested could offer cost savings on selected construction law cases
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CommentOral agreements: Rob Purton t/a Richwood Interiors vs Kilker Projects Limited
Before Mr Justice Stuart-Smith. Judgement delivered 16 September 2015
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CommentAdjudication: Muddling through
A messy contract need not stop an adjudicator deciding the dispute – as long as they have jurisdiction
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CommentBetter safe than sorry
New guidelines give clear and consistent guidance on health and safety offences – including corporate manslaughter
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CommentInsolvent abuse
Insolvency during the course of a building project is one of the sector’s grim realities. What contract provisions are there to provide protection from another party’s insolvency?
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CommentPayment and insolvency: Wilson and Sharp Investments Ltd vs Harbour View Developments Ltd
Before Lady Justice Gloster, Sir Colin Rimer, and Lord Justice McCombe. Judgement delivered 13 October 2015
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CommentDevelopment hotspots: In the city
Developing around existing infrastructure in prime city locations can be a challenge: from building in docks to working around busy transport hubs. Good planning and legal advice are needed
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CommentPayments: Fair dues
When administering payments under a construction contract, it is wise to follow its terms strictly and to remain vigilant - or end up paying more than you owe
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CommentFooting the bill
Projects often go over budget because of variations, but can the QS be held liable for these extra costs? A recent court judgment finds that this may be the case.