Legal Comment – Page 47
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CommentSharing out the risks
BIM is supposed to help eliminate design risk but the different parties on a project must make sure that their responsibilities and liabilities are clearly defined
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CommentSet-off: Know the setbacks
Set-off is a term that is regularly heard in the construction industry, but does everyone know exactly what it means?
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CommentCaught in the Act
Your brilliant idea to develop part of an existing building could easily be scuppered by the Landlord and Tenant Act 1987 - so best to get advice early
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CommentPlaying by the rules
The ‘Plebgate’ affair may not have been very edifying but it did give the courts the opportunity to issue guidelines on Civil Procedure Rule 3.9 - on granting relief from court sanctions
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CommentBooks for the beach
It’s summer and you’ll be wanting to pack some reading matter for the hols. Well, Construction Contract Variations will have you on the edge of your lilo
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CommentAdjudication and administration: Show us the money
You can win an adjudication but still lose out if the client goes bust before you get payment of your award. But there are steps you can take to mitigate the risk
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CommentAssignment: We can't afford to get it wrong
With notable distinction placed on assignment. What if it’s just not an option?
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CommentDuty of care
Beware when dealing with product liability. A recent case has shown there are times when goods are not ‘goods’ and breach is not all it seems
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CommentA judgment on the JCT term 'appropriate deduction'
A recent case breaks new ground in dealing with how ‘appropriate deductions’ for defects can be deducted by the employer
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CommentThe right remedy
A recent Supreme Court decision should make it easier for developers to argue that damages rather than an injunction should be awarded in nuisance cases
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CommentConsidering your clauses
Design obligations, in particular on the standard of skill and care required vs fitness for purpose provision, is a recurring issue
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CommentA New York story
New York City has taken a tough line with construction firms that are involved in illegal activity. After looking at the case of Structure Tone, you wonder how long it will be before we take similar action here
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CommentClearing the traffic
The Highways Agency is being transformed from a quango to a go-co. But will it help projects to move faster – or just reduce its accountability?
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CommentNo escape from 106
Jacqueline Backhaus and Henry Fitch A recent case involving a planning row at an east London faith centre is a reminder of the difficulty of overturning section 106 agreements through the courts
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CommentLatham: A knight’s tale
Michael Latham was just one of a long line of ‘gurus’ seeking to transform construction. They all failed but at least Sir Michael successfully transformed the legal process
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CommentThe fracking revolution
Proposals to streamline UK trespass laws could allow companies to extract shale gas from underneath an adjacent landowner’s property without permission
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CommentApplying English law in Scotland
When deciding whether or not to enforce the adjudicator’s decision, the court had to decide if the contract was assessed under the English or the Scottish Scheme
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CommentExtension of time: Time is not on our side
Lessons should be learnt from six recent cases on delayed projects and extension of time disputes. However, as with those projects, progress is slow
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CommentFraud: Playing detective
The construction industry faces daily risk of fraud and corruption - particularly within its extended supply chain. So what do you do if you think you might have fallen victim to it?