All Legal articles – Page 8
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CommentThe fury of a homeowner
Tony Bingham is alarmed by an MP’s draconian suggestions for regulating domestic building works – and has a much better idea
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CommentCan you skip the adjudication step?
A health board’s right to raise a court action against its contractors was challenged on the grounds that the contract required adjudication be undertaken first. Shona Frame and Kathryn Moffett unpack the implications of the case
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CommentA new bill proposes to abolish retentions altogether
Another private member’s bill aimed at reforming payment practice in construction has more ambitious aims than its predecessors
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CommentResearch identifies the main causes of disputes
Toby Hunt and Helen Collie share the lessons from the latest Crux Insight 2021 analysis of project cost and time overruns, which found design issues are now the top cause of disputes
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CommentDecarbonisation: managing change
Stephanie Canham unpacks the contractual implications of the new heat and buildings strategy and the upcoming changes to Part L
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CommentSex, gender and freedom of speech in the workplace
Rebecca Bull warns that employers must be mindful of the law on sex versus gender, including on protection of belief
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CommentThe end of the beginning: 2021 in construction law
Rupert Choat highlights standout developments in construction law over the last 12 months as we sought to emerge from the pandemic
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CommentMaking-good decisions
A recent TCC case produced an important ruling on the role of notices of completion of making good defects and looked at severance of adjudicators’ decisions
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CommentGood faith strikes again
A new ruling shows you can’t breach part of a contract then use the contract machinery to turn that breach in your favour, explains Tony Bingham
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CommentCan tech help solve the supply chain crisis?
John Wevill on using data analytics, blockchain and smart contracts to minimise supply problems in the construction industry
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CommentCase in focus: Surrey County Council vs Suez Recycling and Recovery Surrey Ltd
Ted Lowery looks at a case that examined conflicting dispute mechanisms in a PFI contract
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CommentWitnesses – do we need them?
Hamish Lal considers the relative value of witness evidence versus the documentary record
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CommentStop deifying the institution
The RICS needs to move out of the Middle Ages: its true role is as a club that supports and trains its members, says Tony Bingham
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CommentAdjudication can rarely be enforced in insolvency
Julian Critchlow considers the recent appeal ruling in John Doyle, on insolvent claimants’ entitlement to summary judgment to enforce adjudicator’s decisions
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CommentConstruction mediation – a mandatory step?
Sheena Sood and Michael Salau on recent moves towards making ADR compulsory
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CommentEssential law: Defects, part one
As the series moves onto the topic of defects, Chi Mount explains the differences between a reasonable skill and care obligation and a fitness for purpose obligation
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CommentWill onshore wind stage a comeback?
Signs are emerging of a thaw in the government’s attitude to onshore wind, writes Angus Walker
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CommentBe prepared for new rules on compulsory electric vehicle charging
All new-build homes and offices with parking spaces will soon be required to have electric vehicle charging points. Neil Gosling examines the implications
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CommentClearer contracts can cut disputes
With materials shortages driving a wave of new delay disputes, the industry needs to take a more open approach to contract drafting, says Bill Barton
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CommentLabour’s alternative planning proposals
A potentially influential private member’s bill sets out four key changes to planning law, writes Katherine Evans