All Legal articles – Page 115
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CommentPromises, promises
Indemnities should oblige another party to take responsibility for your loss, but not if the wording gives them room to wriggle out of paying up
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CommentJust cause and impediment
Your subcontractor just isn’t up to scratch, so you fire him and hire someone else – but in doing so you stand accused of repudiating the contract. So what are your options?
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News
Contractors warned not to delay Bribery Act policies
Despite government postponing new law, legal advisers say firms should comply to win work abroad
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NewsFormer Connaught employees launch legal action
Ucatt union pursuing tribunal cases against Connaught and Lovell
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NewsFirst corporate manslaughter case begins
Lawyers predict prosecutions could be brought against larger firms
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Comment
Love thy neighbour
The Scottish planning system encourages inclusivity and good relationships between developers and communities. Now, that approach will be backed up by law
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CommentHow losers win
It truly is a topsy turvy world when some companies manage to profit from failing to win a bid for a contract. But that’s European regulations for you …
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CommentHow to stay out of hell
If we treated design as a risk management issue, we’d probably save ourselves vast amounts of time and money sorting out the mess at the construction phase
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CommentFace the music
Passing the liability parcel is a favourite party game, but a judgment in the TCC shows how important it is to get the contract right
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NewsMears wins damages after losing out on £400m job
Contractor wins compensation after questioning transparency of Leeds council’s tender process
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NewsCouncils in court to fight scrapping of schools programme
’Once-in-a-lifetime opportunity’ has been snatched away, say councils seeking to overturn BSF decision
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NewsRICS cracks down on members’ misdemeanours
Questions raised over body’s right to impose fines and costs in previously decided court cases
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Comment
Common mistakes in ... tiered dispute resolution clauses
The fourth in a series on dos and don’ts on major projects discusses tiered dispute resolution clauses, which can save you time, money and paper hankies
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Comment
THE NAME’S BOND
Bonds are a crucial part of contractual relationships, but do you know your on-demand bond from your conditional bond? A recent case should help you
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CommentComing back for seconds
A first adjudicator’s decisions are a no-go area for a second adjudicator. But it’s open season on the bits that didn’t actually decide the dispute
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CommentCan we be of any assistance?
Like it or not, lawyers are tending to intrude into the adjudication process. Perhaps the industry should stop resisting and treat them as a guiding hand
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NewsMears sues Leeds council after failed bid
Contractor takes legal action over repairs and maintenance tender
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FeaturesHow paternity rights and abolition of retirement age will hit construction
The Coalition government’s new paternity rights will cause major headache for employers in the male-dominated building industry
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CommentWinning on penalties
You may have agreed a sum for breach of contract, but there’s an old common-law doctrine that could see it struck down as a penalty. Fortunately this does not happen often, says Tim Elliott