Legal views – Page 49
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The cost of avoiding disputes
Can we learn from earlier arrangements to reduce disputes later?
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Why did you sign that?
Identifying who is liable if that dream property purchase turns into a nightmare can be difficult
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Another brick in the wall?
There are contractual solutions to guard against building material shortages
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Property: Waving a green stick
Plans are afoot to compel private landlords to make energy efficiency improvements to their properties
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No messing north of the border
This case from the Scottish Court of Appeal reiterates the point that adjudication should not be held up by minor technical points
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Insurance: Living with uncertainty
Insurance can help projects thrive by limiting uncertainty but developers must take initiative in developing their programmes
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Challenging times
In regards to procurement, the public sector is already held to a far higher standard than private clients
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Health as well as safety
The HSE wants to consolidate the message that exposure to hazardous substances and dusts containing silica is as much of a health risk as on-site safety
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Termination at convenience
Terminating a contract is never an easy call to make, and it could have a strong impact on later damages payments should you act too hastily, as these cases demonstrate
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New homes insurance and lost deposits?
A recent TCC judgment involves claims by a number of parties in respect of lost deposits paid for new flats
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A case for compensation
A case in Ireland considered some of the clauses surrounding compensation events in the NEC3 suite of contracts
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The Freedom of Information minefield
Parties are using the Freedom of Information Act to strengthen their positions, so be aware when working with a public body that it may have to disclose information you’d rather it didn’t
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Keeping the cash flowing
The fair payment charter is clearly going to need some teeth and enforcement powers but who the teeth will belong to and what the enforcement measures will look like remain to be seen
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Sharing out the risks
BIM is supposed to help eliminate design risk but the different parties on a project must make sure that their responsibilities and liabilities are clearly defined
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Set-off: Know the setbacks
Set-off is a term that is regularly heard in the construction industry, but does everyone know exactly what it means?
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Caught in the Act
Your brilliant idea to develop part of an existing building could easily be scuppered by the Landlord and Tenant Act 1987 - so best to get advice early
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Playing by the rules
The ‘Plebgate’ affair may not have been very edifying but it did give the courts the opportunity to issue guidelines on Civil Procedure Rule 3.9 - on granting relief from court sanctions
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Books for the beach
It’s summer and you’ll be wanting to pack some reading matter for the hols. Well, Construction Contract Variations will have you on the edge of your lilo
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Adjudication and administration: Show us the money
You can win an adjudication but still lose out if the client goes bust before you get payment of your award. But there are steps you can take to mitigate the risk