Legal views – Page 20
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Mears v Costplan: Identifying practical completion
Steven Carey looks at one of the first cases to apply the recent Mears vs Costplan ruling on identifying practical completionÂ
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Stormy waters: Issues when paying subcontractors directly
Sarah Leaver on a boatbuilding case that highlights problems in paying subcontractors directly
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NEC4 Alliancing Contract: Let’s do this together
Sheena Sood examines how the NEC4 Alliancing Contract approaches project risks, liabilities, insurance and disputes
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Case in focus: JJ Rhatigan & Co (UK) Ltd vs Rosemary Lodge Developments Ltd
Ted Lowery considers a case in which the adjudicator appeared to have ignored a witness statement
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Wrong but not responsible
A recent case serves as a reminder that just because a party is at fault does not necessarily make it responsible for a loss
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Fuel for thought: decommissioning oil and gas projects
We are starting to see the first standard contracts for decommissioning oil and gas projects
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Facts first or face prison
Although expert witnesses speak for just one side, their first loyalty must be to the truth – otherwise they risk prosecution
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Hackitt consultation: Taking a hard line on risk
The insurance market for contractors is increasingly tough, and not just on cladding-related work
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Cost versus market: how are price variations measured in construction contracts?
A recent case highlights the two contrasting ways of pricing variations
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Smash and grab adjudications: what about insolvency?
A recent case may herald a move away from upholding ‘smash and grab’ adjudications where insolvency is a factor
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Adjudication, the low-cost way
Today sees the launch of a pilot scheme for a new low-value disputes adjudication service
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Contracting for Brexit
Rupert Choat examines the legal position regarding unexpected circumstances arising from Brexit
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Are speedier visas enough to ease the skills crisis?
Architects have been added to the visa priority list to ease recruitment problems
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Case in focus: RGB P&C Ltd vs Victory House General Partner Ltd
Ted Lowery considers a case in which the adjudicator carried out his own delay analysis
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When a black hole stays black: the limits of the transferred loss rule
The transferred loss rule can fill the black hole of damages claims where parties have no direct contract, but it has its limits
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Legal: When is fraud relevant?
Fraud can be raised as a defence in adjudication case or to avoid an enforcement, but it must be strictly relevant
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Legal: A boost for third-party rights
The Court of Appeal has confirmed a robust approach to third-party rights in contracts
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Legal: BIM standards made simple
The new international standard on BIM could take some getting to grips with – but guidance is being developed
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How to get paid on time
A guide to help small firms avoid bad debts by taking preventative steps
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Legal: Swansea stadium and the dangers of change
Victoria Peckett points out that the Swansea stadium defects case highlights how altering provisions in standard forms can have unfortunate results