All Legal articles – Page 114
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Professional indemnity insurance: don't skimp
Professional indemnity insurance isn’t required by law, so how important can it be? Very – and remember, cutting back in this area can end in tears if things go wrong
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A day in the life of a TCC judge
Mr Justice Akenhead: If you’re one of those who think the life of a judge is one of leisure punctuated by the odd judgment, think again. We don’t even have time to practise our golf strokes
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Retention cash: make me honest – but not yet
Almost everyone agrees that we should get rid of the practice of withholding retention cash. Even main contractors would be willing - if it wasn’t such a nice little earner
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How clients can protect themselves from contractors that underbid
A legal view on tightening up contract terms and using two-stage procurement to route out unrealistically low bids
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Jarvis avoids prosecution for Potters Bar crash
Regulator expected to drop proceedings against the firm for incident that killed seven people
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It wasn’t me
If you don’t know how to do something you call in a specialist, right? Well, if you’re a consultant on a construction project, beware. Here’s a few tips to keep in mind …
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Quantum issues
When defects emerge after work is complete the immediate concern is rectifying them. But how you do that will affect the quantum issues in court and how much you recover
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Underbidding: Warning! Highly risky manoeuvre
Desperate times call for desperate measures, and in some cases result in suicidal tendencies. As underbidding spirals further out of control, we look at how widespread the practice has become and what – if anything – can be done about it.
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Consultancy errors: It wasn't me
If you don’t know how to do something you call in a specialist, right? Well, if you’re a consultant on a construction project, beware. Here’s a few tips to keep in mind …
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Twenty-eight day adjudication: the point and pitfalls
A little domestic case of an extended deadline outlines the point - and pitfalls - of 28-day adjudication
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OFT reduced fines: A vindication for construction?
The Competition Appeal Tribunal described the fines as ’excessive’ but that doesn’t mean cover pricing is suddenly okay
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OFT bid rigging appeal: Full judgment
Judgment on bid-rigging case was handed down at 4pm this afternoon
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Procedure costs: Please translate
If a judge wants a specific document prior to trial that one party has never heard of, you’d expect someone to ask for clarification. Not in this, unnecessarily expensive, case
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Ӱ sports venues: It's only a game
Construction projects notoriously run over time, but when you are building a venue for an international sports event, time is of the essence. Here’s a few things to bear in mind
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Don't be 'wilfully blind' to finance issues
A recent example of a firm going bust shows the risks company directors take if they neglect their duty to creditors and are ’wilfully blind’ to problems their business may face
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OFT may appeal tribunal fines cut
Competition body to “consider” appeals tribunal decision to cut bid-rigging fines by 90%
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Where's the justice?
Access to the courts is available to all, in theory. But if potential litigants are forced to mediate first, the costs become prohibitive, undermining our entire justice system
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Uncontrollable forces
In times of crisis, such as the recent upheaval in the Middle East, force majeure clauses in contracts come into play. So when and how do they work?