Legal views – Page 19
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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
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Legal abroad: Doing business in Dubai
Beginning our new series on the legal issues to consider when operating abroad, Alain Farhad, Mark McMahon and Ali Auda look at DubaiÂ
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Don’t you dare miss a step: mediation and arbitration
Does a mediation clause in the contract make it unlawful to proceed directly to arbitration, even after termination?
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Conditions precedent in building contracts
What are conditions precedent meant to require from a contractor in a claim for extra time or money?
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Case in focus: Martin vs McLaren Construction Ltd
Ted Lowery considers an unsuccessful call on a personal guarantee
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Construction contract mistakes: That wasn’t quite what we meant
When rectifying contracts to fix drafting mistakes, what happens if the parties disagree on what was meant?
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Solar panels have a right to light
Overshadowing of solar panels has been ruled to be a material consideration in planning
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Reverse VAT is a backwards step
Reverse-charge VAT is an awful idea – subcontractors depend on the taxation time-line delay to ease their cash flow
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Legal: Beware the adjudication time bar
The first court decision to apply the NEC time bar for non-Construction Act disputes is revealing
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Force majeure: Use with caution
Liability exclusion or force majeure clauses don’t always work as intended, so draft your contract carefully, says Stephanie Canham
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Legal: A contract means what it says
Robert Akenhead explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs
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Parent companies beware: you may still be liable
A cautionary tale for companies with subsidiaries operating overseas
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A new model for mediation?
Hot on the heels of TeCSA’s low-cost mediation service, the CIC has included a fixed-fee option in its new model agreement
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Curiouser and curiouser: how the role of the adjudicator is becoming more complex
Adjudicators are asked to resolve increasingly complex issues, so the RICS’ new rolling training programme is most welcome
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Double your money or bust: Beware of retention of title clauses
These can leave a contractor paying twice for materials if a subcontractor goes bust
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Case in focus: TQ Delta LLC vs Zyxel Communications UK Ltd & Anor
Ted Lowery considers the lessons of an application to substitute one expert for another
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Are lenders becoming more confident about offsite?
Stephanie Canham considers the changing climate on funding issues for MMC and modular construction
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Retentions: Is the endgame in sight?
Rudi Klein offers an update on the plan to reform retention practice in the construction industry with a brand-new system
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Tall buildings: Housing versus heritage
In the first of our new series on the legal considerations of constructing tall buildings, Joanna Bassett considers the issues around planning permissionÂ