All Legal articles – Page 34
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More words, fewer claims?
FIDIC will launch a second edition of its Yellow Book later this year. This longer contract looks to resolve some of the issues encountered by those using its predecessor
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Basement builders: can you dig it?
What basement builders need to consider after a landmark High Court ruling
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Out off site, out of mind?
Modular construction is gaining support from major clients but the point at which legal ownership of off-site goods and materials passes to the purchaser is a crucial question
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Case in focus: Non-delegable duty
Did a contractor owe a non-delegable duty in respect of the actions of its independent subcontractor?
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Enforcement: Crossing lines
What are the post-Brexit options for the UK government for enforcement of judgments within EU countries? Here are some of the routes available
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Here today, gone tomorrow?
What are the main concerns for the industry as it moves into 2017?
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Will nobody notice?
A recent case has highlighted the role and significance of notices, which can get particularly complicated when there are funding and insolvency issues
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Trump? Oh no it isn’t. Oh yes it is!
So much of the world - and construction in particular - looks like the back end of a panto horse. Imagine if we had a powerful, no-nonsense wheeler-dealer taking over the reins…
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Mauritian Marathon
If your project is changed out of all recognition can you abandon the lump sum price and remeasure from scratch? A long-running recent case from Mauritius went back to basics
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News
Hill sells construction claims arm to Pret owner
The firm’s construction claims business snapped up by huge European investor which owns Pret a Manger
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A year in increments
While 2016 had more than its fair share of instability, in the world of construction law, it was business as usual
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Unlocking the private rented sector
There’s no silver bullet for the housing crisis, but using modular construction in the private rented sector could be part of the solution. How do we achieve higher density housing in crowded cities?
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The ties that bind
After Brexit, the UK is to go its own way regarding procurement and contracts but it will still have to work within parameters set by others if it is to trade internationally
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Case in focus: Final Account application
Where an adjudicator applies ISG vs Seevic to order payment of a final account application, can the valuation be challenged in a subsequent adjudication?
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Futureproof your disputes
Leaving the European Union could cause complications for the enforcement of court actions against firms and entities in EU member states. Arbitration could offer an alternative
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Third time lucky?
Here’s a case that shows up the sheer muddle that is the Construction Act’s payment rules. They need to be rewritten - only not by those who made such a mess of it on the first two attempts
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Letters of the law
The law on letters of credit has been upheld in two cases; banks cannot refuse to pay a demand meeting the requirements of a letter of credit unless it would involve fraud
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Widening the tax net
Changes to tax rules for dealing in UK land are aimed at offshore developers but could also affect UK-based entities
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Contracts: Delay signing at your peril
Starting on site without a contract can have major consequences. The more work that has been done and the more issues arising as a result, the harder it will be to get one signed off
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Adjudication costs: No harm in asking
It was understood that you could not claim costs incurred in adjudication, but that position has been complicated following a case before the TCC