Legal views – Page 28
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CommentLegal blog: Who pays the bill for Grenfell?
Jeffrey Brown considers building owners’ potential liability claims against architects and contractors for replacing high-rise cladding
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CommentLegal blog: Is adjudication worth the cost?
Obstacles to recovering adjudication costs mean it might not be the best choice for complex disputes, write Akin Akinbode and Tracey Summerell
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CommentLegal blog: A race to keep up with the times
Sheena Sood looks ahead at the challenges likely to dominate 2018, including cyber-crime, payment abuse, and mega-consolidation
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CommentLegal blog: The inquisitor's little helpers
In Severfield vs Duro Felguera, the defendant refused to come to court. The judge’s response holds useful guidance
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CommentLegal blog: 2017 in review
This year confirmed the care needed by parties regarding the terms they contract on. We were also gifted yet more updated standard forms, just in time for Christmas
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CommentCase in focus: adjudicator’s reasons
Where the decision did not explain why a set-off defence had been rejected, had the adjudicator failed to exhaust his jurisdiction?
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CommentAll change in the FIDIC forms
Seventeen years after the FIDIC forms first arrived, a second edition has been issued. The new Red, Silver and Yellow books focus on greater clarity in parties’ obligations and avoiding/resolving disputes as the contract proceeds
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CommentLegal blog: The proposals that got away
Sir Michael Latham, who died last month, changed the way the construction industry operates but there’s some way to go before the vision set out in Constructing the Team is fully realised
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CommentLegal blog: Carry your own can
Jim Alexander warns independent experts to stick firmly to the scope and duties of their role – those who fail to do so can’t shift blame and liability elsewhere
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CommentLegal blog: how not to meet a sticky end
Steven Carey explains why the Court of Appeal ruled that the need for payless notices applies to final payments as well as interim ones
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CommentCase in focus: Payless notices
An effective payless notice must include an explanation of the grounds for withholding, a headline figure and a calculation showing how that figure has been produced
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CommentAnd about time too
The review of the Construction Act is more than welcome to Tony Bingham, who can hardly wait to see an end to the misapplication of 28-day adjudication as a dispute resolution process
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CommentLegal blog: On demand or on default?
Victoria Peckett explains how to distinguish between a payment guarantee that applies only in the event of a default and one that can be invoked on demand
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CommentLegal blog: A false sense of security
Francis Ho warns that legislation permitting the assignment of payment rights could do more harm than good
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CommentLegal blog: Incompatible provisions
The contractor’s liability for design faults depends on not just the main contract form but also its associated documents: if they contradict each other, you could end up in court
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CommentCase in focus: Adjudication relief
Having abandoned the first adjudication, was the referring party acting unreasonably and oppressively in seeking to bring similar claims in a second adjudication?
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CommentLegal blog: Show me the money
The new Pre-Action Protocol for Debt Claims does little to help creditors – it merely gives debtors more scope for delay
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CommentLegal blog: Grenfell - what went wrong?
Last month Tony Bingham went to Grenfell Tower to see the aftermath of the tragedy for himself; here, he looks at the scope of the inquiry and what it might tell us about the way we procure buildings
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CommentPlanning for the right homes in the right places
How has government responded to the white paper and consultation on assessing housing need and how effective do its proposals look?
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CommentLegal blog: Ways of escape - undoing PFI
Steven Carey wonders how Labour’s proposal to bring PFI schemes back ‘in house’ could possibly be implemented