Legal views – Page 28
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Legal: rectify now, argue later
Is a contractor obliged to rectify a defect when instructed, even if it disputes responsibility for that defect?
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Legal: Bridging the gender pay gap
Keely Rushmore explains what firms must do to meet new requirements on reporting the gender pay gap, and how they can turn the new rules to reputational advantageÂ
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Legal: The end of the smash and grab?
Andy Mather and Richard Rowlatt explain a new ruling that will make it harder for contractors to insist on full payment if the employer has failed to issue a valid payment or pay less notice
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Legal - Backwards or forwards?
Victoria Peckett considers the relative merits of prospective and retrospective delay analysis, in the light of recent court rulings Â
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Legal - for fools rush in...
While the Carillion disaster highlights the need for action on retentions, says Francis Ho, we must not rush into legislation
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Legal - the sense of an ending
When terminating a contract it is vital to closely follow the procedure in the text
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Case in focus: Off on a frolic?
Having raised specific questions, had the adjudicator breached natural justice by coming to a conclusion that was different from the answers provided by the parties?
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Legal: All together now
It’s time to draw together the scattered pieces of construction law to form a uniform construction code, say Rudi Klein and Philip Harris
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It ain't put your feet up time
Just because an employer’s own actions have delayed completion does not necessarily let the contractor off the hook, explains Ian Yule
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Legal: Beware the robots
In the third of our series on new technology, James Worthington considers the legal issues surrounding the use of robotics on the construction site
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Legal blog: When things go phut
With the Construction Act up for review, it’s the perfect moment to add a key item from Latham’s wish list that got left out last time: compulsory project bank accounts. Tony Bingham explains
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Legal blog: Cyber Security - building services
While building infrastructure and services can help improve security, they may also offer vulnerable points for cyber attack. By Paul Glass of Taylor Wessing’s cyber security team
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Legal: Not quite the last word
Robert Akenhead explains why final isn’t always final – so make sure your contract’s finality provisions are clear and explicit
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Legal: Claiming for remedial work
If remedial works are needed, what steps should be taken to recover the costs?
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Case in focus: Performance bonds
Was the guarantor liable under a bond where the contractor became insolvent following termination of the contract?
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Legal: Who gets the money?
When a main contractor goes bust, can the courts assume that the employer has set up a retention fund for subcontractors – even when it has not?
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Legal: Dissecting delay
Tony Bingham recommends two new books for 2018. Both deal with delay and disruption in construction, but in very different ways
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Legal: Carillion - no turning back
It’s time for a radical rethink on payment security and procurement, says Rudi Klein – the Carillion business model is bust
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Legal blog: What should Carillion subcontractors do next?
Firms owed money by the failed contractor need to act quickly to have any hope of recovering any money
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Legal: BIM - it's what you do with it
Peter Hibberd cautions that BIM’s effectiveness in preventing disputes depends on good practice in tackling known issues