Legal views – Page 41
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The new frontier
The majority of construction firms caught up in a cross-border dispute will plump for international arbitration. Why is this?
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Not guilty!
Recent columns have been on how legal wrangling can mangle the procurement process. But is it really the lawyers at fault?
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But the levy was dry …
The CITB should be a vehicle for world-class training but for over 50 years the levy has created resentment. It’s time for a rethink. However, current plans for reform do not go far enough
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Rectification: Equity Syndicate Management Ltd vs GlaxoSmithKline plc
Before Mr Justice Males. Judgment delivered 23 July 2015
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Cyber security: No virtual silver bullet
The construction industry thinks cyber security is not an issue it has to worry about. It’s wrong
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Wales: The red dragon goes green
By developing its own legislation, Wales is making sustainability central to its decision making
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Contract drafting: The things that really bug me
Poorly written and ill-considered drafting of contracts is costing our industry a fortune each year - and placing a severe strain on a man’s sense of imperturbability
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Application for payment: Caledonian Modular Ltd vs Mar City Developments Ltd
Before Mr Justice Coulson. Judgment delivered 29 June 2015
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Payment practices: Now for the stick
From next year, large companies will need to have transparent records of their payment practices, or else …
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Keep the faith
‘Good faith’ obligations pop up everywhere – you might wonder why they need to be mentioned at all
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Contracts: Smooth operators
We’ve improved the efficiency of actual building no end – yet when it comes to negotiating contracts we get bogged down. It’s time to oil the wheels of contracting
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Gender pay gap: Between Mars and Venus
Companies with more than 250 employees will soon be required to publish their gender pay gap data
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Arbitration and adjudication: A tale of two acts
Statutory adjudication has emulated arbitration, including its mass of case law. Is it time for an Adjudication Act?
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Procurement: Prepare for the best
Successful procurement depends on whether the evaluation methodologies used are likely to produce the desired results. Here’s some advice
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In the right spirit
A High Court judge had to remind the parties in a recent case what adjudication was for - not a gladiatorial legal arena but a quick fix
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A 10 year stretch
Those working in the Middle East should be aware of ‘decennial liability’, which makes you liable for problems with a building for up to a decade after completion
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Stamp it out
The UK’s Modern Slavery Act can be a major supply chain issue for the construction sector
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Service with a smile
Disputes about PFI projects are likely to be about operational matters. A recent case centred around how service points were awarded
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A bit hit and MEES
The government may have done some serious pruning of legislation but not all energy-related legislation is up for change