Legal views
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Comment
Legal abroad: Doing business in India
Our series turns to the subcontinent, where potential uncertainty over arbitration has recently cast a shadow over this land of legion construction opportunities
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Comment
Fresh intentions: an update to the letter of intent form
The new standard letter of intent form has been published by the City of London Law Society
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The Post Office scandal and the fallibility of wanting to win
Expert witnesses are seen as unbiased, but they have a human flaw – the wish to win for their team. That’s part of what went wrong at the Post Office
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Proper contract execution is vital
Theresa Mohammed on a reminder to be express in the scope and terms of appointments and to properly execute contract documents
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Comment
Get up to speed on heat network regulation
Operators, suppliers and developers of heat networks need to be aware of the evolving regulatory landscape, with new requirements coming in under the Energy Act 2023
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Comment
Bring your data protection up to scratch
Beverley Flynn and Georgie Barrow explain why construction firms need to improve their data protection
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Comment
How a new ruling provides fresh clarity on building liability orders
Sheena Sood on a new ruling that offers key guidance on the building liability orders created under the Building Safety Act
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Comment
On second thoughts… the slip rule in adjudication
Tony Bingham explores the limits of an adjudicator’s power to correct their own mistakes after the award has already been issued
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Getting serious on serial disputes
Tony Bingham considers the subtleties of serial adjudications and when an adjudicator is bound by what was decided last time around
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Comment
Essential law: Termination, part four
As part of our essential law series, Patricia Nathan-Amissah and Mark Barley consider whether you can terminate under common law and under the contract simultaneously
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Comment
Constructing the Gold Standard for public sector frameworks – has anything changed?
David Mosey on how the new breed of contracts are rising to meet the challenges to transform industry performance.
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Comment
When does a party’s insistence on using preferred adjudicators shade into the risk of bias?
When does a party’s insistence on using preferred adjudicators shade into the risk of unconscious or perceived bias?
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Comment
What’s in the Arbitration Bill?
Steven Carey explains the amendments to the Arbitration Act 1996 that are set to come into effect later this year, and their likely effects
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Comment
Legal abroad: Doing business in Kenya
Our series on operating under foreign jurisdictions turns to Kenya, where a familiar legal system and language, and strong dispute resolution processes make for good opportunities
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Comment
Building safety case reports explained
The requirement for principal accountable persons to prepare safety case reports under the BSA has now come into force. How can this best be done?
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Comment
Planning rules relaxed for wave of mini nuclear reactors
With small modular reactors – which can be built quickly offsite – seen as the future of nuclear, the government wants to simplify the relevant planning process
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Comment
Professional liability may extend further than consultants think
A recent case clarifies what kinds of claims can be made against consultants if they fail in their duties, writes Theresa Mohammed
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Comment
Ruling means court-ordered alternative dispute resolution extends beyond construction contracts
The appeal court has ruled that parties in any kind of dispute – not just construction – can be court ordered to use alternative dispute resolutions (ADR), explains Tony Bingham
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Comment
New ruling says late payment may not be grounds for termination
Cash flow is likely to worsen for contractors and subcontractors following a TCC judgment clarifying termination rights relating to late payment
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Comment
Adjudication: how did it all get so complicated?
Tony Bingham looks at an ordinary adjudication of mind-bending complexity and wonders how this haas become the new norm