All Legal articles – Page 18
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Fire safety: Are you covered?
Complying with Approved Document B on fire safety doesn’t guarantee you’re meeting the Building Regulations
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Don’t touch those defects
Steven Carey examines the feasibility of applying for an injunction to restrain a replacement subcontractor from rectifying defects
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Case in focus: Dickie & Moore Ltd vs Trustees of The Lauren McLeish Discretionary Trust
Ted Lowery considers whether, in a recent case, the pupil had become the master
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What it takes to crystallise a dispute
And how the concept works in the context of adjudication
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No bar, black sheep: Construction Act adjudication prevails
Mistakes and omissions on payment or adjudication that fall foul of the Construction Act can be expensive
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The perils of payment on modular
Be wary when amending standard form payment provisions for modular construction
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Adjudication and insolvency
How does a court decide whether to uphold an adjudication enforcement for a company at risk of insolvency?
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Is it fair to share the pain? Rectifying defects on a project
Jeffrey Brown considers who should pay for the rectification of defects discovered during the work under a target cost contract
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Insolvency and inquisitiveness
Simon Lewis explains the limits of requests for information under section 236 of the Insolvency Act when a company goes bust
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Making the best of EPC
Mary Anne Roff and Andrea Gardner on how to use EPC contracts effectively and avoid the pitfalls
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Is the government getting serious about collaborative alliances?
Three multi-party frameworks were recently launched
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Case in focus: Universal Sealants (UK) Ltd (t/a USL Bridgecare) vs Sanders Plant and Waste Management Ltd
Ted Lowery considers a dispute over contracts and concrete
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When is a breach not a breach?
If a contract is not specific about what constitutes a breach, how bad do things need to get to justify termination?
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Pushing up pension powers
Anne-Marie Winton on the strengthened regulatory powers the long-awaited pensions bill will contain
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Cracking the code: Dealing with defective housing
Francis Ho discusses the government’s proposals to improve redress for buyers of new homes
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Early neutral evaluation: Get a jump on the outcome
A new kind of ADR, called early neutral evaluation, aims to give parties an idea ahead of time about which way a dispute will go
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Tall tower procurement
Jill Hamilton considers what procurement approach is best for the construction of tall buildings in the light of the Hackitt report
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Can subcontractors raise the same claim twice?
Having raised a claim at an earlier stage does not necessarily entitle a subcontractor to raise the same claim later
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Don’t let HS2 send you off the rails
With HS2 up in the air, it’s wise for those in the supply chain to review their contract position ahead of possible cancellation