Legal views – Page 85
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CommentCan oral contracts be adjudicated?
The lack of good administration in the construction industry is well recognised
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CommentThe legal fall-out from scrapping BSF
Claims could soon start from companies left out of pocket by the government shredding of BSF
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CommentThe real deal
Settlement agreements promise greater certainty but should be handled with care
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CommentIssue the notice or pay the price
If a requirement to issue a notice on time or budget extension is not properly met, the contractor may end up out of pocket
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CommentBSF cuts: the legal implications
Whether a school is deemed ’stopped’, ’unaffected’ or ’subject to review’ they give rise to a host legal issues you need to know about…
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CommentThe z factor
What’s the point of using a standard contract if you’re going to add so many extra clauses that you’re essentially creating a bespoke form? Take Z clauses in NEC3 for example …
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CommentThe people vs BP
The oil spill in the Gulf of Mexico is said to have harmed the livelihoods of at least 37,000 Americans. Most will claim compensation. How on earth is that going to be possible?
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Data centres: What you need to know
Banks have to comply with tough regulations on data security. And that affects how they procure the buildings
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Halting a project: Breaking up is hard to do
With funding cuts looming over the industry, clients may want to stop projects at short notice. How can they protect themselves against subsequent damages claims?
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CommentThe Candys' court victory was a hollow one
Our legal blogger looks at the crux of the Chelsea Barracks case and why the supposed winner may not be celebrating its entitlement to compensation
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CommentDuty of care: Who cares?
A recent case has tried to clarify when a duty of care arises. But it remains an area blighted by arbitrariness and uncertainty
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CommentPage turners: Society of Construction Law essay prize
The winners of this prestigious prize have some clever things to say about delays and quantum meruit disputes. Their papers are all must-reads
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Buying a business: Gods of small things
If you’re planning to buy a business in our fragile economy, you need to know what you’re getting. So use lawyers who will scrutinise every little contract
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CommentTaxing times for construction
While increased VAT is a blow, other tax measures will benefit the industry
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CommentWell-defended settlements
Showing that settlement costs are unreasonable is a difficult task, as the installer of a defective sprinkler found when Siemens chased it for payment
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CommentJudges in their own cause
Architects are always unbiased and even-handed when awarding extensions of time under usual forms of contract. Except, of course, when the reason is their own negligence
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CommentJust looking
Beware if you shop around for an expert, as the court may demand that you reveal the reports that you rejected
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CommentHow to avoid World Cup sickies
If you want to avoid a sudden rise in sick leave among staff over the next month you need to take some practical steps now…
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CommentSimple game, tricky rules
Here’s a conundrum for you: What happens if part of a contract is within an adjudicator’s jurisdiction and part is outside? And if a decision is made on all of it, is it enforceable?
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Defective work: Making amends
If you’re an employer cheesed off with a contractor’s work, it’s tempting to get someone else in to sort it out, then claim for the costs. Here’s why you should count to 10