Legal Comment – Page 59
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CommentLegal brief: Third party rights
Traditionally, third parties on projects have looked to collateral warranties but drafted wisely third party rights can provide security but without the time, cost and pain
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CommentHearsay evidence: He said, she said …
If a witness cannot be traced, then a party might need to rely on hearsay evidence. But getting the court to give weight to such evidence isn’t easy
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CommentHow low can you go?
Desperate times call for desperate measures and some bids for public sector jobs have come in abnormally low. But this can be bad news for contracting authorities and bidders alike
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CommentRunning for cover
When a tower crane collapsed, the contractor blamed its subcontractor who turned to its insurer. But the insurer looked for wriggle room in the small print …
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CommentThe remains of the day
With tentative signs of improvement at last for the construction industry, it’s time to look at what has happened to the legal and commercial world since the crash of 2007
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CommentLegal brief: The inexpert expert
This case shows the importance of choosing the right expert and being able to justify decisions in settlement negotiations
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CommentLegal brief: A structured approach to re-structuring
Make sure you check the following points if you work with a consultant that has gone through a restructure
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CommentWitness statements: Beautiful phonies
Handcrafted witness statements represent clever pieces of advocacy - but this is not the function that they are supposed to serve. Facts are required, not opinions
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CommentLegal support for large infrastructure jobs
Internationalisation is affecting legal support for large infrastructure projects
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CommentOrder of precedence
Construction contracts often contain a number of contradictory documents but a clause setting out which has priority is no substitute for clear and careful drafting
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CommentLegal brief: Westshield Civil Engineering vs Buckingham Group Contracting
This judgment confirms when a claim has “commenced” and underlines the importance of pre-contract checks.
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CommentPPP contracts: Best practice
Three sides of A4 constitute the best practice guide aimed at making savings in public private partnership contracts. So, is it worth the paper it’s written on?
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CommentMyanmar (or Burma): The opportunity and the uncertainty
The economy could grow to $300bn by 2030 but it lacks major infrastructure. Here’s what you need to know about doing business in Myanmar
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CommentEveryone's a loser
The players in this case saw the chance to make a big profit. But unfortunately, when the banking crisis came and they fell out, it led to both sides having to shell out
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CommentEnigmatic variations
Variations are difficult to avoid in construction work, but two recent cases show that there is plenty of scope for disagreement over how they should be valued
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CommentAdjudication: Beat the clock
It is, of course, possible to get an adjudication overturned in court, but if the original case is heard only years after the event, things can get complicated
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CommentLegal brief: Land banking
The devil will be in the detail if Labour’s ‘use it or lose it’ plan for developers sitting on land that has been granted planning permission ever comes into law
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CommentPartnering's tough side
There is no contradiction in the PPC standard form’s obligation to act in a ‘spirit of trust, fairness and mutual co-operation’ and a client’s contractual right to terminate
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CommentExtension-of-time disputes
Assessing an extension-of-time dispute is tricky. Experts need to be able to transport themselves back to the time of the delay and take in the view from there
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CommentLegal brief: Changes to whistleblowing law
Changes to the law surrounding employees becoming whistleblowers come into effect today. Here’s what you need to know