Legal views 鈥� Page 59
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CommentLegal brief: Westshield Civil Engineering vs Buckingham Group Contracting
This judgment confirms when a claim has 鈥渃ommenced鈥� and underlines the importance of pre-contract checks.
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CommentPPP contracts: Best practice
Three sides of A4 constitute the best practice guide aimed at making savings in public private partnership contracts. So, is it worth the paper it鈥檚 written on?
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CommentMyanmar (or Burma): The opportunity and the uncertainty
The economy could grow to $300bn by 2030 but it lacks major infrastructure. Here鈥檚 what you need to know about doing business in Myanmar
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CommentEveryone's a loser
The players in this case saw the chance to make a big profit. But unfortunately, when the banking crisis came and they fell out, it led to both sides having to shell out
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CommentEnigmatic variations
Variations are difficult to avoid in construction work, but two recent cases show that there is plenty of scope for disagreement over how they should be valued
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CommentAdjudication: Beat the clock
It is, of course, possible to get an adjudication overturned in court, but if the original case is heard only years after the event, things can get complicated
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CommentLegal brief: Land banking
The devil will be in the detail if Labour鈥檚 鈥榰se it or lose it鈥� plan for developers sitting on land that has been granted planning permission ever comes into law
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CommentPartnering's tough side
There is no contradiction in the PPC standard form鈥檚 obligation to act in a 鈥榮pirit of trust, fairness and mutual co-operation鈥� and a client鈥檚 contractual right to terminate
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CommentExtension-of-time disputes
Assessing an extension-of-time dispute is tricky. Experts need to be able to transport themselves back to the time of the delay and take in the view from there
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CommentLegal brief: Changes to whistleblowing law
Changes to the law surrounding employees becoming whistleblowers come into effect today. Here鈥檚 what you need to know
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Comment精东影视 Act: A pier entrance can be deceptive
Hastings council鈥檚 decision to close part of the town pier due to fears over its structural integrity put the provisions of the 精东影视 Act 1984 to the test - with perhaps surprising results
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CommentAmended standard forms: Just say no
鈥楢mended鈥� standard forms are a cunning ruse that use pages and pages of modifications to pile risk onto subbies. But why do they agree to sign them?
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CommentJV agreements: Common provisions
Five of the most important provisions in a joint venture agreement
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CommentBahrain: Construction opportunities in the 鈥榣and of the two seas鈥�
Bahrain is a pure and sacred place known as 鈥渢he Pearl of the Arabian Gulf鈥� 鈥� and a place with an increasing number of opportunities for UK construction
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CommentLimitation periods and adjudication
The idea of adjudication is that it has no bearing on any subsequent litigation or arbitration, but in this case a clever argument tried to get around that principle
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CommentEasements: What's yours is theirs
How easements - rights that people who don鈥檛 own the land can exercise on it - can hold up a development
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CommentNo crime and punishment
Contracting authorities can ban bidders from their tenders for certain crimes and also for non-criminal acts that amount to 鈥榞rave misconduct鈥�
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CommentKnowing who you're in contract with
Problems with a retaining wall led to a dispute for damages. But who had the engineer signed a contract with - a business or an individual?
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CommentMAC clauses: Phantom menace
Material Adverse Change clauses are often included in commercial contracts but rarely enforced. Developers need to be aware of what can happen when they are, as a recent case has shown
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CommentRepudiatory breach of contract: Once more unto the breach
A repudiatory breach by the other side allows you to terminate a contract. But you will need to be sure it is such a breach if you don鈥檛 want the courts to put you right