Legal views – Page 64
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CommentDesign and build contracts: Confusion guaranteed
We have got used to thinking that there is an implied fitness for purpose warranty in a design and build contract. But a recent case has muddied the waters
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CommentCIL: Nice little earner
The Community Infrastructure Levy was brought in to speed up development but the tariffs being set seem so arbitrary – and so hard to challenge – that it could have just the opposite effect
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CommentAd-hoc adjudication: Cheque mate
An adjudicator decided that two parties had entered into an ad-hoc adjudication by dint of having paid his – rather hefty – fees upfront. But the TCC had other ideas
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CommentBIM: Who does what and when?
Central to the introduction of BIM level 2 will be a protocol that ensures that everyone knows what they can expect from the other parties on the project
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CommentReturn of the Judge: Lord Dyson
Few people have had greater influence over construction disputes than Lord Dyson, presiding judge of the TCC from 1998 to 2001. Now he’s been made Master of the Rolls
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CommentChanges to employment law
The government appears to be attempting to reduce the burden on employers. Here are five changes to employment law that are worth keeping an eye on
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CommentOperational risks on power station projects
Construction contracts on power projects contain a host of operational requirements, but the testing of the plant’s performance can cause sparks to fly
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CommentPitfalls of converting commercial to residential
In the current economic climate converting commercial premises into residential property may seem like a sensible option. But beware some of the pitfalls
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CommentContesting an arbitration award
If you are going to contest an arbitration award, it is important to be aware of the 28-day time limit - and when those 28 days begin …
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CommentWind farms and misleading photomontages
Concern is growing that some wind farm developers are using misleading photomontages to support their planning applications
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CommentThe CIL needs urgently addressing
If two technical issues are not resolved, the Community Infrastructure Levy could actually hinder new development
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CommentOnce more unto the breach
When does a delay to a project become sufficiently serious to incur a repudiatory breach, allowing the contract to be terminated?
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CommentLitigation: Winning isn’t everything
The successful party in litigation used to nearly always get their costs paid by the loser. How things have changed…
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CommentHousing: Death of section 106?
The government’s housing and growth initiative may have hammered another nail in the coffin of the traditional means of paying for affordable housing
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CommentAmending contracts: Tweak havoc
Amending an existing contract can make commercial sense, but the procuring party needs to take care not to open itself up to claims from the other original tenderers
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CommentIndemnity: Rust revisited
A problematic case on the interpretation of an indemnity has so far exercised the minds of eight of our most senior judges
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CommentAdjudication: Pack up your troubles in your old kit bag
Adjudication is supposed to be a quick-fix solution at a reduced cost. Down in the trenches, however, the parties are expecting a judge-like quality of reasoning to resolve their disputes
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CommentDispute Adjudication Boards: A DAB hand
The RICS has decided to champion the dispute adjudication board system used for the Olympics. But DABs have been in use for a while elsewhere in the world - and for good reason
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CommentEducating for construction: Time to skill
The industry should be thinking hard about what sort of graduates it wants from our colleges and universities
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CommentWorkers' rights: View from the hot seat
It is vital for employers to keep abreast of changes to their workers’ legal rights. A raft of recent case law offers some guidance