Legal views – Page 35
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In the frame
Frameworks are here to stay but they don’t always run smoothly. A new tool aims to improve the process of collaboration by offering a standard model to work to
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Case in focus: Enforcement and severance
Did inconsistencies between consecutive adjudication decisions render the second decision unenforceable? Or, if enforceable, could the second decision be severed due to an arithmetical error?
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Expert witnesses: An expert switch?
Recent case law confirms the courts’ approach to parties changing from one expert witness to another and whether the first opinion sought should be disclosed to the court
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Check the paperwork
It’s not just Byron clamping down on illegal employees. The government has a drive on to catch workers who do not have the right to work in the UK - with big fines falling on those who employ them
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Mind the gaps
When words are removed from a contract, deciding what to bring back into the court room can be a tricky business. A recent TCC case provides an example
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The Welsh pipeline
Jeremy Williams analyses the Welsh political and economic landscape and asks what it will take to get several key multi-billion pound infrastructure projects off the ground
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Weather delay: Come rain or come shine
How bad does the weather have to get for it to warrant an extension of time? We need to be aware of our contractual entitlements in exceptional weather conditions
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A cure for the cashflow
As UK construction continues to be beset by poor payment practices, maybe the government should follow the example of tougher regulation introduced on the other side of the world
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Concurrent delay: Time on your side?
The recent case of Saga Cruises vs Fincantieri considered the question of when delays will be concurrent
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Questioning expert witnesses
When an expert witness - a guardian of trust and knowledge - is proved wrong in court, it is tempting to try to turn psychologist and wonder what was going through his head
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Case in focus: Expert shopping
To what extent should a party be required to disclose additional documents as a condition of being permitted to replace an expert witness?
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Oral agreement: Power of the spoken word
Where a contract insists all changes must be in writing, what effect should there be when changes are introduced following an oral agreement? A recent Court of Appeal case provides guidance
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The Insurance Act 2015 – No ask no tell?
On 12 August, the Insurance Act 2015 came into force, sweeping aside more than 100 years of legislation
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Contract termination: Ending it all
If contract termination becomes inevitable, then prevent it becoming a long, drawn-out process
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Who needs bills of quantities?
The value of bills of quantities continues to be questioned, thanks to advances in technology and measuring methods. But quantification remains important, however it is done
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Defective item claims: Losing the snail’s trail
Who needs knowledge of a defective product for a firm to know about it and will that knowledge bar claims against the manufacturer?
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Dispute boards and the Rio Olympics
Dispute boards are gaining ground internationally – most recently in the Rio Olympics
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The customer is always right?
A recent Scottish case illustrates some of the issues around a developer’s liability to end users for defects in a project
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Tuning in to BIM FM
As BIM becomes a more familiar part of the construction landscape we should turn our attention to how it can be useful over a building’s lifetime
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University challenge
The vote to leave the EU is unlikely to have a significant impact on the UK’s purpose-built student accommodation sector - but there are other challenges on the horizon