Legal views – Page 93
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Comment10 years is a long, long time: liability for defects or collapses
There are strict laws in the Emirates about defects that threaten a building’s stability, and you’re liable for a decade. So what can you do to avoid having to pay out?
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CommentRenegotiating tenders in Dubai
Has your UAE client asked you to take a pay cut? Here are some tips from lawyers on minimising the pain
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CommentFair enough?: Breaching natural justice
The case of Dorchester vs Vivid raised the familiar question of when an adjudication breaches natural justice. Here’s what the judge had to say…
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CommentMea culpa: Disputes from the architect's point of view
The tale an architect wants a building to tell can turn into a shaggy dog story if the builders doesn’t want to tell it as well... and if they aren’t distracted by people like me
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A guide to a legal labyrinth: Claiming from the insurer
How do you make a claim against a consultant that has no money, but does have an insurance policy? Simple: you claim against its insurer. Hang on... did I say ‘simple’?
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CommentCan you dig it?: Retaining planning permission
Money matters: Many developers are keen to retain planning permission for stalled schemes until the property market recovers, but this is fraught with complications
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CommentPayment times: 10 days seems a lifetime away
The government says its suppliers will be paid within 10 days, but it still has an awful lot of work to do to stamp out payment abuse in the public sector
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CommentThe reader: Tony's booklist
Here’s my personal selection of handy reference books to help you solve those legal conundrums that my columns don’t cover
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Do well at schools: How to win BSF work
If you want to come out at the top of the class in the competition for Building Schools for the Future work, now’s the time to pull your socks up
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CommentSurprise! : New information in adjudication
The box of matters for adjudication that arrives at your door may contain some nasty shocks – such as a cartload of new information. The question is, as ever, is this fair?
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Don't keep it to yourself: Notifying insurers
Insurance policies provide a secure safety net, but that can disappear pretty quickly if you keep the insurers in the dark when things go wrong
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CommentThen there's the fungal mould...: JCT consultancy agreement
The JCT has just released a consultancy agreement for larger projects. Here’s what you should be aware of before you go ahead and sign it
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CommentClear laws without fuzz: Health and safety in the UAE
UAE confidential: Abu Dhabi’s response to on-site health and safety lapses has been to call in the cops. Thomas Van de Wijngaart and Emma Shepherd welcome early signs of change
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Comment10 ways to avoid dispute in the Middle East
The Middle East has traditionally seen few disputes. In boom times contractors have always had alternative ways to recover their losses. But the credit crunch appears to have changed that, and now more disputes are erupting. So, how can disputes be avoided in the present market?Assess the impact of local ...
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CommentThe price of darkness: Rights of light
The right of light has become a hot topic in the courts, so developers who want to avoid making costly mistakes should read this illuminating article...
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CommentPure and simple: Construction Act changes
The proposed changes to the Construction Act payment rules are all very clever, but they won’t wash in the down-to-earth world of construction. We want something simpler
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O ye who believe... : Sharia and mediation
This second of two articles on dispute resolution under Islamic law looks at arbitration – a system that has found wide acceptance in the Islamic world
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On the safe side: Corporate manslaughter and health and safety offences
Fears about the vagueness and leniency of health and safety and corporate manslaughter laws have been assuaged by two new pieces of legislation
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CommentDo we still need Minter?: Late payments act
The Late Payments Act compensates companies for the costs they incur while waiting for their money, so we may be able to say goodbye to an old bit of case law
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CommentNow you’re asking for it: Performance bonds
Feeling the pinch and tempted to sign up to the harsh conditions of a performance bond? Read this first