All articles by John Redmond – Page 4
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Features
A fishy business
A recent marine law arbitration case that originated in the USA and concluded in the UK has some valuable lessons for construction lawyers involved in disputes beyond British borders.
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Features
Show me the money
As you’ll be aware, adjudication is a cheap way to resolve disputes. One reason for this is that parties may try to avoid paying the adjudicator’s fee. This is upsetting for the adjudicator, but what can be done about it?
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Features
The threat of exposure
Adjudication has put insurers under pressure. So what do they do? Pass the burden of risk on to their policyholders, of course, inventing all manner of get-out clauses to make it hard for them to recover.
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Features
Value judgments
Adjudicators frequently find that they are being asked to make a judgment as to whether the value of an interim payment is reasonable. And it seems that, if the contract is silent, they're on their own on this one.
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Features
Vive la différence?
Britain is noted for being rather detached from the rest of the EU, and our legal system is no exception. Take public procurement cases – a major source of income for them; a foreign language to us, despite Harmon.
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Features
Language lessons
Contracting or subcontracting with a company from another part of Europe can be fraught with linguistic and legal problems – as a recent case shows. It’s best to make sure the details are worked out first.
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Features
Here be monsters
The requirements of North Sea oil extraction have given rise to contract clauses that try to limit what can be claimed for variations. As Amec found, they can be horribly hard to understand, let alone apply.
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Comment
Settle, but not just yet
In order to save costs and court time, litigants are encouraged to settle disputes. But it can be dangerous to settle too early. Two recent cases suggest that clients taking short-cuts should be careful.
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Features
A tale to warm the heart
Anyone would be forgiven for thinking that trouble-free projects are the stuff of fairytales. But there are some jobs that do come in at less than expected, run by honest builders that don't try to rip you off.
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