Legal Comment – Page 85
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Comment
One village bypass we don’t need: Community right to build
Exempting rural community-led developments from the planning system could have unintended and undesirable consequences
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Comment
How green are our valleys: Building Regs in Wales
At the end of next year, the Welsh government will be responsible for building regulations in the principality - and it’s determined to make them as tough as possible
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CommentWhat can be saved from Connaught's collapse?
Options for salvaging contracts with the failed social housing firm
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CommentClients transferring risk: The bullies are back
The abuses and macho posturing we got from clients’ advisers in the nineties have returned - but given their attitude to risk, aren’t they the real wimps?
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Comment
Common mistakes in... agreeing final accounts
Berwin Leighton Paisner’s new series on “Dos and Don’ts” offers practical advice on navigating the major projects’ minefield, beginning with Catherine Barstow’s advice on organising your work so that you’re ready for the final account
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Comment
Prompt payment: The other credit crunch
The government is making it a rule that all firms on public sector contracts be paid promptly, all the way down the supply chain. Which will come as a bit of a shock to some
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CommentBSF exclusivity agreements: More punishment to come
Companies whose schemes escaped the Building Schools for the Future cull should not bank on their exclusivity arrangements continuing unscathed
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CommentWhat’s so great about the TCC?
The principal arena for construction dispute settlement has become a major force in the English legal system
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Comment
New Construction Act: Got a pen and paper handy?
A party can wriggle out of adjudication today by claiming there is no contract in writing. But once the new Construction Act comes into force, that excuse will no longer run
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Comment
To the letter
Giving notice need to ensure they comply precisely with contract requirements in extension of time or loss and expense clauses
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Comment
Insurance issues for fit-outs
If a tenant that occupies one floor of an office block wants to have a fit-out done, who insures the rest of the building against, for example, fire and flood?
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CommentIn absentia: Jean Shaw vs James Scott Builders
This case is all about missing persons, missing contracts, missing drawings and missing deadlines. So no surprise when eventually it all turned around a missing email
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CommentDefine ‘late’: City Inn vs Shepherd
The case of City Inn vs Shepherd has already created debate over how delays should be treated. It also has much to say about JCT80’s treatment of when instructions are due
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Comment
Accidents will happen … in adjudication
After getting on for 500 enforcements, one thing is clear: an adjudicator is expected to make mistakes. But that is the fault of the system - and it’s outweighed by its benefits
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Comment
Prepare yourself for a shock: D&O insurance for corporate manslaughter
The Corporate Manslaughter Act puts company executives in the firing line for breaches of health and safety, so it’s wise to get some protection
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CommentRIBA conditions of appointment: A return to a simpler time
The RIBA’s latest conditions of appointment aren’t perfect, but they’ve swept away many of the onerous obligations in the 2007 edition
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Comment
City Inn vs Shepherd: How much sand is a snowstorm worth?
Let’s delve deeper into City Inn vs Shepherd. At first glance, it looks like the three appeal judges came to different conclusions on relevant events. Look again …
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CommentPFI can’t take sting out of cuts
Public sector clients tempted to reintroduce cancelled projects as variations to existing PFIs may be breaking the rules
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Comment
Set-off on the right foot
The law governing situations where two parties owe each other money is murky. But a recent Court of Appeal case sheds some useful light
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Comment
City Inn vs Shepherd: Have you seen the contractor’s behind?
If a storm and a contractor both delay a project, is the contractor eligible for an extension? This ancient problem has just had another going over in the Scottish Court of Appeal