All articles by Simon Lewis – Page 2
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BIM: Are you ready for this?
The government is spearheading a drive towards the new generation of building information modelling. What impact will BIM Level 3 have on the way construction works?
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Balancing act
A judge manages to balance the need for procedural fairness while encouraging the parties to settle through alternative dispute resolution
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Playing by the rules
The ‘Plebgate’ affair may not have been very edifying but it did give the courts the opportunity to issue guidelines on Civil Procedure Rule 3.9 - on granting relief from court sanctions
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Fundamental breach: Calling time
If you think the other party to your contract has committed a fundamental breach, you better be sure before you lock the site gates behind them - as you could be committing one yourself
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BIM Protocol: Playing games of risk
It is not entirely clear how the BIM protocol is supposed to be passed down the supply chain, raising important questions about who owns what risk
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What's in a name?
The TCC has reviewed the law in relation to misnomer and shown that courts are able to call on extrinsic evidence when something goes wrong with the naming of a party
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PPP contracts: Best practice
Three sides of A4 constitute the best practice guide aimed at making savings in public private partnership contracts. So, is it worth the paper it’s written on?
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BIM: Who does what and when?
Central to the introduction of BIM level 2 will be a protocol that ensures that everyone knows what they can expect from the other parties on the project
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Getting an offered settlement right
Failing to incorporate all of the relevant parts of the Civil Procedure Rules into an offered settlement is just an invitation to future drawn-out disputes
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E-disclosure: What's inside your computer?
E-disclosure is complicated and requires planning and co-operation between the parties if it is to be effective
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Carillion vs Smith: Adjudicating the same dispute
The principle that the same dispute cannot go to adjudication twice has just been upheld in the court, making it clear that simply repackaging the issues is not acceptable
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What's a clause intended to do? It may take precedence over its wording
Don’t rely on legal wording without considering the context of a clause, as a judge may look at its purpose instead
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Apportioning loss between a designer and a contractor
Where a designer and a contractor both contributed to a defect, the losses are normally split 20/80. But if the designer’s duties increase, so do its apportioned costs
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Prepared for the competition?
It’s possibly the most significant change in property law for decades – from this month, commercial property transactions become subject to competition law
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Comment
Bribery Bill: Greasing the wheels of commerce
Bribery is endemic in many parts of the world where British firms do business, but any that succumb to it will soon face fairly horrific penalties
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News
Skanska bets on civils and utilities
Skanska UK has said it will rely on the utilities and civils markets to help it through the downturn
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News
Public sector props up industry in March as Balfour tops table
More than half of month’s £1.78bn total comes from public projects
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UK business bosses call for £500bn infrastructure investment
Report by Institute of Directors says this is amount that is needed over the next 10 years to keep the country competitive
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Labour cagey over gangmaster laws
Party denies it will extend the rules to the construction industry despite manifesto suggesting it would do so
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Gateshead firm fined £100k over worker death
Rubb Buildings admitted it failed to ensure safety of employee Steven Watson
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