Legal views 鈥� Page 76
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Reading the Riot Act
If your project suffered a loss as a result of the riots this August you may be able to claim compensation under a JCT contract or even from the police through a 125-year-old statute
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CommentReading the riot act
If your project suffered a loss as a result of the riots this August you may be able to claim compensation under a JCT contract or even from the police through a 125 year old statute
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CommentDeciding a case: Theory vs practice
What鈥檚 the law regarding deciding a case on its merit? What are the merits of deciding a case on the law? It鈥檚 a debate that may interest judges more than your average builder
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VAT on design and build: Vatman returns
When the HMRC threatened to charge VAT on design fees in design and build contracts it put the viability of many schemes at risk. Now it seems to have had a change of heart
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CommentInternational arbitration: A city on edge
A case that jeopardised the future of the international arbitration business based in London has been ruled on by the Supreme Court. Here鈥檚 what it had to say 鈥�
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CommentRules and regulations: Getting caught out
Inquiries into bidding processes have a time limit. Fair play, right? Not if you get held up in the rules and regulations
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Insolvency: When is it official?
Insolvency is something we are seeing a lot of at the moment but most contracts don鈥檛 deal with the void between being insolvent and being declared insolvent
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CommentDispute resolution: Multiple choice
If you have a construction dispute your biggest problem isn鈥檛 the other party - it鈥檚 deciding which dispute resolution option to go for
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CommentConstruction Act changes: Are you ready?
What you need to know about payment notices to avoid falling foul of the new act
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Dos and don'ts: Pre-action protocol
The latest in our dos and don鈥檛s series looks at using the pre-action protocol to settle construction disputes
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CommentBreach of contract: A long climb to justice
If you ask someone to design and supply a staircase and it arrives as a heap and not fit for purpose, you can shout breach - but does that mean you can reject the goods?
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CommentHarmonising contract law: Europe's meddling
The introduction of an optional instrument to harmonise contract law throughout Europe could muddy the contractual waters and leave uncertainty in its wake
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Adjudication fees: Paying your dues
Instead of the losing party picking up the bill, a clause in the NEC adjudicator鈥檚 contract says parties should pay the fees in equal shares, but there are ways round it
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CommentWho picks up the bill for the riots?
If you鈥檝e been affected by the riots check closely to see if you can recover any costs of the disturbances
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CommentTime is money
If adjudication is used as an in-depth, sophisticated examination of a dispute, expect to pay the price for it - especially if you鈥檙e the losing party
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CommentDodgy payment practices: Save us from ourselves
Journalism isn鈥檛 the only sector guilty of abuses. Construction鈥檚 own dodgy payment practices are legendary - but to be rid of them it will have to fall back on its own resources
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CommentPublic procurement: Part of the service
There鈥檚 been a surge in public procurement disputes in the past six months and the court is proving itself to be the ultimate one-stop-shop for tendering problems
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CommentAdjudicators: I've started so I'll finish
A referral may get 鈥檒ost in the post鈥� or a party may simply refuse to serve it but that doesn鈥檛 stop the adjudicator from deciding a case and making an award
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Asbestos legislation: It's a killer
Under pressure from the European Commission, the government announced earlier this month a consultation on beefing up asbestos legislation - employers take note 鈥�
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Dos and don'ts: Delay tactics on infrastructure projects
The latest in our dos and don鈥檛s series looks at how employers on major infrastructure projects try to protect themselves from the consequences of late completion