Legal Comment – Page 38
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CommentTouching the void
A recent decision shows the consequences of failing to disclose material facts to insurers - dangers the Insurance Act 2015 should help alleviate
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CommentIncorporation by reference: Northrop Grumman Mission Systems Europe Limited vs BAE Systems (Al Diriyah C41) Limited
Before the Master of the Rolls, Lord Justice Briggs, and Lord Justice Bean. Judgment dated 30 July 2015
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CommentNo need for miracles
This cautionary tale around redevelopment of a church shows good housekeeping and communication are key for lenders and project monitors
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CommentA new test for penalties
The Supreme Court has made a decision on how to better codify when a contractual provision is a penalty. What effect will the new classification have on construction contracts?
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CommentLimitation period: Aspect Contracts (Asbestos) Limited vs Higgins Construction plc
Before Lord Mance, Lord Wilson, Lord Sumption, Lord Reed and Lord Toulson. Judgment delivered 17 June 2015
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CommentWho’s counting?
Despite decades of changes to planning law, the number of homes we’re building has barely increased. Does the Housing and Planning Bill hold out the hope that this time things will be different?
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CommentAbsent friends
When a contractor goes into liquidation, can an employer avoid paying them a previously certified sum? A recent case provides guidance
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CommentThe new frontier
The majority of construction firms caught up in a cross-border dispute will plump for international arbitration. Why is this?
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CommentNot guilty!
Recent columns have been on how legal wrangling can mangle the procurement process. But is it really the lawyers at fault?
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CommentBut the levy was dry …
The CITB should be a vehicle for world-class training but for over 50 years the levy has created resentment. It’s time for a rethink. However, current plans for reform do not go far enough
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CommentRectification: Equity Syndicate Management Ltd vs GlaxoSmithKline plc
Before Mr Justice Males. Judgment delivered 23 July 2015
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CommentCyber security: No virtual silver bullet
The construction industry thinks cyber security is not an issue it has to worry about. It’s wrong
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CommentWales: The red dragon goes green
By developing its own legislation, Wales is making sustainability central to its decision making
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CommentContract drafting: The things that really bug me
Poorly written and ill-considered drafting of contracts is costing our industry a fortune each year - and placing a severe strain on a man’s sense of imperturbability
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CommentApplication for payment: Caledonian Modular Ltd vs Mar City Developments Ltd
Before Mr Justice Coulson. Judgment delivered 29 June 2015
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CommentPayment practices: Now for the stick
From next year, large companies will need to have transparent records of their payment practices, or else …
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CommentKeep the faith
‘Good faith’ obligations pop up everywhere – you might wonder why they need to be mentioned at all
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CommentContracts: Smooth operators
We’ve improved the efficiency of actual building no end – yet when it comes to negotiating contracts we get bogged down. It’s time to oil the wheels of contracting
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CommentGender pay gap: Between Mars and Venus
Companies with more than 250 employees will soon be required to publish their gender pay gap data
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CommentArbitration and adjudication: A tale of two acts
Statutory adjudication has emulated arbitration, including its mass of case law. Is it time for an Adjudication Act?