Legal views – Page 94
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How to be good when times are bad: early contractor involvement
Early contractor involvement thrived during the good times. But can the system stand up in today’s tougher economic environment?
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The dance of debt: Costs of dispute
Some folk will perform the litigation tango over trifling disputes, and lose vast sums in the process. But at least they teach us a few new things about the law…
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Linnett to the rescue: Linnett vs Halliwell
A party can’t get out of coughing up its fair share of an adjudicator’s fees by quibbling about jurisdiction after the event (we have one Christopher Linnett to thank for that)
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10 years is a long, long time: liability for defects or collapses
There are strict laws in the Emirates about defects that threaten a building’s stability, and you’re liable for a decade. So what can you do to avoid having to pay out?
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Renegotiating tenders in Dubai
Has your UAE client asked you to take a pay cut? Here are some tips from lawyers on minimising the pain
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Fair enough?: Breaching natural justice
The case of Dorchester vs Vivid raised the familiar question of when an adjudication breaches natural justice. Here’s what the judge had to say…
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Mea culpa: Disputes from the architect's point of view
The tale an architect wants a building to tell can turn into a shaggy dog story if the builders doesn’t want to tell it as well... and if they aren’t distracted by people like me
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A guide to a legal labyrinth: Claiming from the insurer
How do you make a claim against a consultant that has no money, but does have an insurance policy? Simple: you claim against its insurer. Hang on... did I say ‘simple’?
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Can you dig it?: Retaining planning permission
Money matters: Many developers are keen to retain planning permission for stalled schemes until the property market recovers, but this is fraught with complications
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Payment times: 10 days seems a lifetime away
The government says its suppliers will be paid within 10 days, but it still has an awful lot of work to do to stamp out payment abuse in the public sector
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The reader: Tony's booklist
Here’s my personal selection of handy reference books to help you solve those legal conundrums that my columns don’t cover
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Do well at schools: How to win BSF work
If you want to come out at the top of the class in the competition for ¾«¶«Ó°ÊÓ Schools for the Future work, now’s the time to pull your socks up
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Surprise! : New information in adjudication
The box of matters for adjudication that arrives at your door may contain some nasty shocks – such as a cartload of new information. The question is, as ever, is this fair?
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Don't keep it to yourself: Notifying insurers
Insurance policies provide a secure safety net, but that can disappear pretty quickly if you keep the insurers in the dark when things go wrong
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Then there's the fungal mould...: JCT consultancy agreement
The JCT has just released a consultancy agreement for larger projects. Here’s what you should be aware of before you go ahead and sign it
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Clear laws without fuzz: Health and safety in the UAE
UAE confidential: Abu Dhabi’s response to on-site health and safety lapses has been to call in the cops. Thomas Van de Wijngaart and Emma Shepherd welcome early signs of change
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10 ways to avoid dispute in the Middle East
The Middle East has traditionally seen few disputes. In boom times contractors have always had alternative ways to recover their losses. But the credit crunch appears to have changed that, and now more disputes are erupting. So, how can disputes be avoided in the present market?Assess the impact of local ...
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The price of darkness: Rights of light
The right of light has become a hot topic in the courts, so developers who want to avoid making costly mistakes should read this illuminating article...
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Pure and simple: Construction Act changes
The proposed changes to the Construction Act payment rules are all very clever, but they won’t wash in the down-to-earth world of construction. We want something simpler
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O ye who believe... : Sharia and mediation
This second of two articles on dispute resolution under Islamic law looks at arbitration – a system that has found wide acceptance in the Islamic world