Legal views – Page 55
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The class of 2018
Demand for school places is set to rise rapidly over the next few years, particularly in inner-city areas. Does the system need adjusting to free up more land for development?
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A problem shared
Net contribution clauses protect companies from taking all of the blame if another liable party has become insolvent. But it’s important to be sure whose work it covers
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Muddled indemnity
The losing party refuses to pay an adjudication award for fear that the winner will go bankrupt before they get to court. Can the winner’s insurers be of help? Don’t bank on it …
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What does the Lewisham Hospital decision mean for the NHS estate?
Services at Lewisham Hospital were saved by the recent Court of Appeal decision, but at what cost to future capital investment?
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We need to talk about BIM
BIM is famously the magic formula that will get the industry working together in peace and harmony. But it looks awfully like a way of shifting risk onto subcontractors …
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Letters of intent: Start as you mean to go on
The ongoing dispute between Volkerfitzpatrick and Keller shows the dangers of failing to back up a letter of intent with a finalised, formal subcontract
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Islamic finance: Open for business
David Cameron wants to issue the first Islamic bond outside of the Muslim world. Hamid Yunis, one of the people consulted on the government’s plan, looks at what this could mean for the UK construction sector
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Defining due diligence
An obligation to exercise ‘due diligence’ is a common term in construction contracts, but what does this entail? A recent TCC case provides some guidance
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Is it time to crack the Code for Sustainable Homes?
The government’s Housing Standards Review takes aim at the Code for Sustainable Homes. Our columnist assesses the different options that could replace it
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Alternative dispute resolution: Silence is golden
Engaging in an alternative dispute resolution is not compulsory but ignoring an invitation to participate is likely to lead to costs sanctions
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ECO funding: So what happens now?
ECO was supposed to provide support to the government’s Green Deal financing structure – but things haven’t really worked out as planned
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E-disclosure: A clearer path?
As electronic communication and documents become increasingly ubiquitous, procedures around disclosure have to be updated to keep up
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Corruption: Time for a deep-clean
A CIOB survey suggests that corruption is still rife in construction. So what more can be done to remove this stain on the industry’s reputation?
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Taking over provisons: Risky business
Should an employer accept that gaining access pre taking over or practical completion will involve transfer of risk?
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Adjudication rules: Rewrites and wrongs
A main contractor can write its own subcontract adjudication rules if it wants, but the chances are they won’t change anything and they could end up as a PR disaster
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Housebuilding: Missing the target
The sector is on the up but we’re not building enough to solve the housing crisis. What obstacles does the planning system present and how do these vary around the UK?
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Practical completion: Are we there yet?
Most of the time in life we know when something is finished but how do you define when a building is ready
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Legal costs and interest: Calculators at dawn
The parties in the Museum of Liverpool case have just trooped back into court to settle the matter of legal costs and interest to be paid - a battle almost as contentious as the case itself
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Do your paperwork
Design-and-build with novation is an attempt to reconcile the conflicting requirements of single-point responsibility and design control, but to work it needs clarity from the start
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Collaboration: All for one and one for all
Alliancing, a form of collaborative working, can make for a non-contentious relationship between parties, foster a no claim/no blame culture and keep costs down. What’s not to like?