Legal Comment – Page 62
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CommentB: Bouygues vs Dahl-Jenson
A-Z of key construction law cases: An early adjudication case that shows that even when an adjudicator gets things wrong, their decision can still be upheld by the courts
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CommentLimited liability: Even limits have their limits
Contract terms that seek to limit liability have to be able to pass a test of reasonableness – and not only where they are part of standard terms
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CommentInsolvency protection: Reform or bust
With construction companies dropping like flies, what lessons can the UK learn from an Australian inquiry into insolvency protection?
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CommentHow to manage the risks of using a letter of intent
Sometimes using a letter of intent is unavoidable, but there are ways of managing the risks involved that should keep parties out of trouble before a contract is signed
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CommentLitigation: Shedding the pounds
An alternative to litigation for a fraction of the price - bad news only for lawyers
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CommentKazakhstan: the regulations, the permits and the laws
Kazakhstan is the ninth largest country in the world with huge economic potential, but how easy is it doing business there?
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CommentIndia: The Supreme Court puts out the welcome mat
India should be even more attractive to foreign investors, now that a recent case has decided that Indian courts cannot interfere in foreign arbitration awards
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CommentStandard form contracts: What the papers say
Time was there were just two standard form contracts – now there are umpteen of them. It makes no difference because they all get amended beyond recognition
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CommentConstruction Act: One year on
It is one year since the amended Construction Act came into effect - a landmark that has gone almost unnoticed. This might be because the amendments have had such little impact
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CommentFITs: Happy Anniversary, Mr Barker
A year after the energy minister slashed the feed-in tariff for solar power the legal ramifications are still emerging, with the latest challenge coming in the form of a class action
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CommentDesign and build contracts: Confusion guaranteed
We have got used to thinking that there is an implied fitness for purpose warranty in a design and build contract. But a recent case has muddied the waters
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CommentCIL: Nice little earner
The Community Infrastructure Levy was brought in to speed up development but the tariffs being set seem so arbitrary – and so hard to challenge – that it could have just the opposite effect
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CommentAd-hoc adjudication: Cheque mate
An adjudicator decided that two parties had entered into an ad-hoc adjudication by dint of having paid his – rather hefty – fees upfront. But the TCC had other ideas
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CommentBIM: Who does what and when?
Central to the introduction of BIM level 2 will be a protocol that ensures that everyone knows what they can expect from the other parties on the project
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CommentReturn of the Judge: Lord Dyson
Few people have had greater influence over construction disputes than Lord Dyson, presiding judge of the TCC from 1998 to 2001. Now he’s been made Master of the Rolls
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CommentChanges to employment law
The government appears to be attempting to reduce the burden on employers. Here are five changes to employment law that are worth keeping an eye on
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CommentOperational risks on power station projects
Construction contracts on power projects contain a host of operational requirements, but the testing of the plant’s performance can cause sparks to fly
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CommentPitfalls of converting commercial to residential
In the current economic climate converting commercial premises into residential property may seem like a sensible option. But beware some of the pitfalls
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CommentContesting an arbitration award
If you are going to contest an arbitration award, it is important to be aware of the 28-day time limit - and when those 28 days begin …
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CommentWind farms and misleading photomontages
Concern is growing that some wind farm developers are using misleading photomontages to support their planning applications