Legal views – Page 22
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CommentProcurement's progress: new approaches are leading the way in construction
David Mosey comes up with five good reasons to be cheerful about procurement in 2019
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CommentDispute resolution after Brexit
Claire Stockford, Iain Drummond and Caitlin McLean of Shepherd and Wedderburn weigh Brexit’s implications for dispute resolution
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CommentWhat lies in store for the future of developments, post-Faraday?
A recent Court of Appeal judgement provides a useful steer for public bodies and developers to consider the overall purpose and intention of a development agreement
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Comment2019: The year ahead in construction
Sheena Sood previews what 2019 will hold for the construction industry from a legal point of view
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Comment2018 in legal - the year of the agreement
While one particular agreement dominated this year’s headlines, there was plenty on offer from other agreements
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CommentVR: Is what you see what you get?
In the eighth part of our series on new technology, James Worthington considers the impact virtual and augmented reality could have on construction projects and some legal issues that may arise
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CommentLegal: From Russia without love
International construction arbitration practitioners often stress the positives of arbitration: using the so-called “five Es” of efficiency, expedition, expertise, evenhandedness and enforceability. The Russian Supreme Court has placed enforceability in serious doubt by holding that a standard form ICC arbitration clause is unenforceable under Russian law because there was ...
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CommentCase in focus: Adjudication
Ted Lowery on declaratory proceedings arising out of a PFI contract
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CommentI’m a contractor... get me out of here!
Tony Bingham cheers the appeal court judges who have hacked away 20 years growth of confusion around payment notices
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CommentPFI: The ghost of contracts past
PFI contracts were meant to rebalance risk more fairly but didn’t – and we haven’t seen the last of the disputes over them yet
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CommentImmigration after Brexit - what do you need to know?
Vikki Wiberg considers changes to foreign worker citizenship rules and how they affect construction
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CommentSlavery – construction needs to clean up its act
Current modern slavery laws fail to do enough to interrogate supply chain details, writes Francis Ho
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CommentLegal: The scariness of vicariousness
The courts have held an employer liable for a rogue data breach by an employee – although the company broke no rules. James Bessey explains why
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CommentLegal: Cost conscious
Steven Carey looks at how third-party funding and ATE insurance can help lighten the financial burden of litigation
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CommentPay first, adjudicate later: what an Appeal Court ruling means for the payment notice regime
Theresa Mohammed and Stephanie Geesink of Trowers Hamlins explain an important ruling on the payment notice regime
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CommentLegal: In fear of favour
Tony Bingham pities an earnest expert witness who got the sharp end of the judge’s tongue for apparent bias – despite his good intentions
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CommentA country manor house conspiracy
Shenanigans by two brothers fixing up a fancy house highlights the risks of working for undercapitalised companies
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CommentIn praise of mediation
Mediation is too often overlooked as a cost-effective method of dispute resolution
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CommentUnravelling the intent
What happens if parties have created a contract as a result of an exchange of emails, but they have polar opposite views concerning the scope of works?