Legal views – Page 38
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CommentPre-action protocol: Room for improvement?
The TCC pre-action protocol is due for review – but do solicitors working in construction law think it needs major change?
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CommentTesting trials
Two new schemes being tested could offer cost savings on selected construction law cases
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CommentOral agreements: Rob Purton t/a Richwood Interiors vs Kilker Projects Limited
Before Mr Justice Stuart-Smith. Judgement delivered 16 September 2015
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CommentAdjudication: Muddling through
A messy contract need not stop an adjudicator deciding the dispute – as long as they have jurisdiction
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CommentBetter safe than sorry
New guidelines give clear and consistent guidance on health and safety offences – including corporate manslaughter
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CommentInsolvent abuse
Insolvency during the course of a building project is one of the sector’s grim realities. What contract provisions are there to provide protection from another party’s insolvency?
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CommentPayment and insolvency: Wilson and Sharp Investments Ltd vs Harbour View Developments Ltd
Before Lady Justice Gloster, Sir Colin Rimer, and Lord Justice McCombe. Judgement delivered 13 October 2015
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CommentDevelopment hotspots: In the city
Developing around existing infrastructure in prime city locations can be a challenge: from building in docks to working around busy transport hubs. Good planning and legal advice are needed
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CommentPayments: Fair dues
When administering payments under a construction contract, it is wise to follow its terms strictly and to remain vigilant - or end up paying more than you owe
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CommentFooting the bill
Projects often go over budget because of variations, but can the QS be held liable for these extra costs? A recent court judgment finds that this may be the case.
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CommentTender processes: Fair game
Great care must be taken over payment procedures and timings before and after practical completion, as ignoring them can prove to be a very expensive exercise
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CommentAdjudication enforcement: Wycombe Demolition Ltd vs Topevent Ltd
Before Mr Justice Coulson. Judgement delivered 31 July 2015
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CommentOpening the floodgates
The floods over the past weeks could lead to a wave of claims and other legal actions. Construction firms should make sure they can stay afloat in a world where flooding is the new normal
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CommentAdjudicators’ jurisdiction: By the way …
Much has been made of the Aspect vs Higgins case’s implications for limitation periods but it also contained an interesting point on adjudicators’ jurisdiction
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CommentExpert evidence: British Airways plc vs Paul Spencer and 11 others(present trustees of the Airways Pension Scheme)
Before Mr Justice Warren. Judgment delivered 21 August 2015
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Comment2016: Reading the runes
2015 was harder to call than most thought. And with the looming possibility of Brexit, the new National Infrastructure Commission and the ongoing skills shortage, 2016 looks just as tricky
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CommentArbitration: New toys for the new year
The RICS and CIArb have re-branded arbitration. I like it
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CommentThe Modern Slavery Act: A lawyer's view
The construction industry may come under the spotlight more than others in its response to this legislation
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CommentJVs: Out of joint
When a joint venture is formed, each consortium member will often put forward one or more directors to the board. Conflicts of interest can arise
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CommentCosts Budgets: GSK Project Management Limited (in liquidation) vs QPR Holdings Limited
Before Mr Justice Stuart-Smith. Judgement delivered 24 July 2015