Legal Comment – Page 45
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CommentWarranties: Impossibility to perform
A case regarding specific performance rather than the usual matter of damages
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CommentAdjudication: No repeats
One of Siemen’s lawyers on a case that shows once a claim has gone through adjudication it can not be adjudicated again
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CommentProcurement: New tricks?
Government guidance on new models of construction procurement covers approaches already in common practice. But confusion remains
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CommentJCT Povey lecture: The bumf machine
Our industry spews out dozens and dozens of standard form contracts which no one can keep up with or understand. Bad news for people who build - great for lawyers
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CommentEU procurement regime: Change on the horizon
Earlier this year the European Parliament adopted a number of directives to reform how public procurement is conducted
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CommentHoliday pay: Lucky break
The Employment Appeal Tribunal’s decision that UK businesses must include overtime when calculating holiday pay will increase payroll costs - but it could have been a lot worse
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CommentNEC3: Awareness is preparedness
Like most contracts, the NEC3 contract deals with risks and might present some too
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CommentRetentions: On the money
What happens to cash retentions if the contractor goes bust and there is no provision in the contract stating that the money was to be held in trust?
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CommentClone traders
Apple has won a European court ruling that dramatically widens the scope for retailers to trade-mark their store layouts. But what are the implications for designers?
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CommentDesign obligations: Much obliged
If a contract contains a clause requiring reasonable care and skill and another stating strict design obligations, can once cancel out the other?
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CommentInsurance Bill: Devil in the detail
The Insurance Bill should put an end to ‘basis of contract’ clauses that allow an insurer to avoid liability if a statement in the proposal form is incorrect
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CommentOffice to resi: Fail to prepare, prepare to fail
A permanent relaxation of planning restrictions for office to residential conversions would be an attractive concept for developers. But they must be aware of the pitfalls of the process
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CommentA Scottish case: Highland fling
What happens when a high-level solicitor comes up against a determined Scottish subbie?
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CommentPlanning infrastructure: Looking into the future
The EEF has echoed the recommendations of the Armitt Review to create an independent body to plan long-term infrastructure projects
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CommentRotten to the core
The CIOB has been trying to root out corruption in the industry but how deeply ingrained is the problem?
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CommentAre you really excluded from liability?
This case highlights the importance of ensuring that any exclusion or limitation clauses in your contracts are clearly drafted to cover the situations which you expect
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CommentPrefabrication: Off-site on your mind
Complex projects are increasingly relying on off-site manufacturing to help deliver schemes on time and budget. But a new kind of supply chain creates new kinds of risks
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CommentPerformance bonds: Don’t bank on it
Bonds have long been established as part of the contracting process. But there may be advantages to sourcing them from insurance providers rather than banks
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CommentWhen is a building not a building?
Defining what is a building – or more specifically a construction operation – is not as easy as you think
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CommentThe doctrine of frustration
What effects would the outbreak of war on the international construction market?