Legal views – Page 41
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CommentIndemnity claims: Cutting your losses
Do you know what an indemnity is and how a claim under one differs from a claim for damages for breach of contract?
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CommentCost budget: Once were warriors
A judge recently cut in half a claimant’s cost budget which was in excess of the amount in dispute. But you can’t blame lawyers – that’s how they were trained for ‘combative litigation’
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CommentMigrant salary rules: Your next headache
New migrant salary rules coming in next April will make life more difficult for construction companies already hit by skills shortages
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CommentInsurance: Blown out of the water
Do all-risks policies permit contractors to avoid liability for insured losses? A recent Court of Session case suggests not
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CommentPayless notices: Serves them right?
We all know that an employer has to issue a payless notice if it wishes to pay less than the amount claimed by the contractor. But why do employers continue to fail to serve them?
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CommentRefs to review penalties
The law on liquidated damages is regarded by some as unworkable and now the Supreme Court is to look at penalty clauses. Its decision could have profound consequences for construction
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CommentAdjudication: All aboard
Once you start adjudication you are tied in to the end of the process, unlike court proceedings where more emphasis is put on settling and cutting the cost spend
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CommentDelay and Disruption Protocol: Easy Rider
The Society of Construction Law has issued amended guidance to deal with the issue of time impact analysis. Has sense prevailed?
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CommentLiquidated damages: Time for a penalty shoot-out?
Liquidated damages are, in theory, a cost effective and efficient tool. If only things were so simple
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CommentMulti-party problems
Construction defects and multi-party proceedings – can there be an easy win for the employer?
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CommentMinding your manors
Ancient manorial rights can affect modern property developments. Here’s what you need to know
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CommentBundles of fun (not)
Three recent cases have tested the judges’ patience as they waded through bundles so vast that their sole purpose seemed to have been to hinder justice not aid it
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CommentAnd here’s another one
Contractors sending out more than one payment notice in the hope that the employer will fail to respond to one of them with a payless notice, should take heed: the courts will have none of it
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CommentJCT MPCC: Major projects, minor details
The JCT Major Project Construction Contract is now widely recognised. But confusion over some of its provisions has come to light
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CommentProcurement: Optimum results
A string of high-profile repair and maintenance jobs have failed recently. Is the problem connected to how some clients carry out procurement at the beginning of the job?
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CommentIt's all in the timing
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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CommentThis looks good on paper
You don’t want the sale of your scheme delayed by missing bits of evidence so make sure your development comes complete with a paper trail
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CommentAnother fine mess
Construction companies face vastly increased fines for breaching environmental law – so be clear about the legal implications of your activities or you could end up in big trouble
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CommentAre you being served?
Unless the employer serves its payment or pay less notices, it should expect to pay the amount applied for - irrespective of the true value of the work actually carried out