Legal views – Page 71
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CommentThe ICE Conditions of Contract: An old friend
The ICE Conditions of Contract has been spruced up and given a new name. It may be no more fathomable than its precessor but at least it won’t bite you where it hurts
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CommentLegal issues with electronic documents
Lawyers are increasingly dealing with electronic documents. But for this data to have any authority, it needs to be carefully stored and managed
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CommentWill infrastructure projects happen without 'hybrid bills'?
The government’s National Infrastructure Plan promises 500 projects worth £250bn - but could they grind to a halt without the driving force of ‘hybrid bills’?
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CommentPre-pack deals: What's in the package?
YRM hit the headlines when it opted for a controversial pre-pack deal, so who is supposed to benefit from these transactions and how can you protect yourself as a creditor?
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CommentChallenging awards of public sector work: Hold it right there
In 2009 rules were brought in to make challenging awards of public sector work more effective. Since then a number of cases show how the rules are being applied
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CommentChoosing an adjudicator: Eleven against twelve
Would you agree to play if the other side had chosen the ref? Neither would this disgruntled architect …
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Comment
Legal issues with the Green Deal
Controversy around the Green Deal continues to make headlines, and from a legal perspective there are barriers that will need to be resolved
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CommentPartner Projects vs Corinthian Nominees: Adjudicators and awarding interest
In a clarification of legitimate conduct for an adjudicator in a final account dispute, the court upheld the adjudicator’s decision to award interest
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CommentQatar's construction boom: The legal risks
With FIFA 2022 and multibillion infrastructure projects in the pipeline, many firms are heading for Qatar – but there are legal risks within contracts to be aware of
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CommentEnergy Act, Green Deal and EPCs: Key legal points to remember
From April 2012 new regulations relating to the energy performance of buildings come into play, ahead of the roll-out of the Green Deal in October
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CommentThe importance of witnesses: Suárez vs Evra
When Luis Suárez ended up in front of the FA tribunal in the race row with Patrice Evra, both appeared as witnesses - and what we heard determined the case
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CommentLeander vs Mulalley: In your own time, gentlemen, please
A contractor tries to claim loss because the subcontractor isn’t ‘getting on with it’. But what if the subbie is working hard - only to a different clock?
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Leander vs Mulalley: Getting contracts right first time
Tony Bingham outlines the mess that Mulalley got in over a badly drafted contract - here’s how to avoid these pitfalls and side-step costly adjudication
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CommentGalliford Try vs Lanes Group: Premature adjudication
An adjudicator who outlines a preliminary view needs to make sure he’s not reached a final decision too soon
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CommentGalliford Try vs Lanes Group: Forum shopping
The practice of ‘forum shopping’ as mentioned in Tony’s article may be unappealing to some, but any attempt to legislate against it will cause a trolleyful of problems
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CommentMeddling with VAT invoice clauses can sting you
Payment notices are being complicated by lawyers meddling with clauses relating to VAT invoices. This could invalidate the contract and lead to some nasty surprise
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CommentDeals in writing: Noel's house party poopers
TV presenter Noel Edmonds learnt the hard way that if a deal’s not put in writing, it’s a no deal
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CommentThe practices of funders' lawyers in 2011
Funders’ lawyers are imposing onerous terms on contractors, passing them off as ‘market standard’. Here’s the kind of shenanigans they got up to last year
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CommentLitigation: The long and short of it
Eternity is very long, said Woody Allen - especially towards the end. Here’s a case that proves the point