Legal views – Page 33
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CommentTrump? Oh no it isn’t. Oh yes it is!
So much of the world - and construction in particular - looks like the back end of a panto horse. Imagine if we had a powerful, no-nonsense wheeler-dealer taking over the reins…
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CommentMauritian Marathon
If your project is changed out of all recognition can you abandon the lump sum price and remeasure from scratch? A long-running recent case from Mauritius went back to basics
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CommentA year in increments
While 2016 had more than its fair share of instability, in the world of construction law, it was business as usual
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CommentUnlocking the private rented sector
There’s no silver bullet for the housing crisis, but using modular construction in the private rented sector could be part of the solution. How do we achieve higher density housing in crowded cities?
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CommentCase in focus: Final Account application
Where an adjudicator applies ISG vs Seevic to order payment of a final account application, can the valuation be challenged in a subsequent adjudication?
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CommentThe ties that bind
After Brexit, the UK is to go its own way regarding procurement and contracts but it will still have to work within parameters set by others if it is to trade internationally
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CommentFutureproof your disputes
Leaving the European Union could cause complications for the enforcement of court actions against firms and entities in EU member states. Arbitration could offer an alternative
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CommentThird time lucky?
Here’s a case that shows up the sheer muddle that is the Construction Act’s payment rules. They need to be rewritten - only not by those who made such a mess of it on the first two attempts
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CommentLetters of the law
The law on letters of credit has been upheld in two cases; banks cannot refuse to pay a demand meeting the requirements of a letter of credit unless it would involve fraud
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CommentWidening the tax net
Changes to tax rules for dealing in UK land are aimed at offshore developers but could also affect UK-based entities
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CommentContracts: Delay signing at your peril
Starting on site without a contract can have major consequences. The more work that has been done and the more issues arising as a result, the harder it will be to get one signed off
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CommentAdjudication enforcement: Levelling the playing field
Is it fair when SMEs have to go to court to enforce an adjudication decision? Two of our columnists team up to argue that it’s time for reform
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CommentAdjudication costs: No harm in asking
It was understood that you could not claim costs incurred in adjudication, but that position has been complicated following a case before the TCC
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CommentA statement on infrastructure
Will investment on infrastructure in the Autumn Statement live up to government rhetoric? And what financial arrangements will be needed for projects given the green light?
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CommentPartial failure is not good enough
An interesting case sees total failure of consideration used as a means of defence. But can some performance be disregarded and total failure still exist?
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CommentThe book group
Thinking about getting in some early Christmas shopping? Here are some thoughts on two new publications on construction law, available now
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CommentStanding up to slavery
Large organisations are now required to publish a statement on what they are doing to ensure modern slavery is not taking place in their business or supply chains
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CommentIn the frame
Frameworks are here to stay but they don’t always run smoothly. A new tool aims to improve the process of collaboration by offering a standard model to work to
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CommentCase in focus: Enforcement and severance
Did inconsistencies between consecutive adjudication decisions render the second decision unenforceable? Or, if enforceable, could the second decision be severed due to an arithmetical error?
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CommentExpert witnesses: An expert switch?
Recent case law confirms the courts’ approach to parties changing from one expert witness to another and whether the first opinion sought should be disclosed to the court