All Legal articles – Page 34
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It was never a problem before
The rule of ‘estoppel by convention’ is increasingly significant in disputes about payment or payless notices. So, what is it and what do the courts say about it?
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Had enough of experts?
Expert reports are not ‘expected or required’ in the new edition of the pre-action protocol for construction disputes. But construction claims have less chance of settling without them
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Case in focus: Issuing payment notices
Was a contractor’s interim payment notice valid and, if so, had the employer issued an effective payless notice?
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Mace mulls legal challenge to CH2M's £170m HS2 win
Sources suggest Mace could launch High Court challenge “within days”
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Turning the tide
Tidal power could revolutionise UK energy infrastructure. Here, the firm that advised on planning for Tidal Lagoon Swansea Bay describes the challenges of that landmark scheme
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Scoring an own goal
A benefit of arbitration is that it stops details of a dispute becoming public. But, as a case involving a football manager shows, if you challenge the arbitration you lose that advantage
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Defects: Making it right
Contractors are expected to come back and repair any defects after completion of a scheme but if they refuse – or an employer does not ask them – who carries the cost?
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Shorter trials: Take a short cut
The TCC is piloting a scheme to promote shorter trials. A recent case has shown the benefits it can deliver in reducing costs
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Playing the game
A recent TCC case shows how the back and forth between contractor and employer around payment notices can descend into a parlour game
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JCT DAB 2016: Refinement, not revolution
JCT recently issued an updated version of its Design and Build Contract. Here is an overview of the most important changes to take note of before signing up
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More words, fewer claims?
FIDIC will launch a second edition of its Yellow Book later this year. This longer contract looks to resolve some of the issues encountered by those using its predecessor
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Basement builders: can you dig it?
What basement builders need to consider after a landmark High Court ruling
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Out off site, out of mind?
Modular construction is gaining support from major clients but the point at which legal ownership of off-site goods and materials passes to the purchaser is a crucial question
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Case in focus: Non-delegable duty
Did a contractor owe a non-delegable duty in respect of the actions of its independent subcontractor?
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Enforcement: Crossing lines
What are the post-Brexit options for the UK government for enforcement of judgments within EU countries? Here are some of the routes available
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Here today, gone tomorrow?
What are the main concerns for the industry as it moves into 2017?
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Will nobody notice?
A recent case has highlighted the role and significance of notices, which can get particularly complicated when there are funding and insolvency issues
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Trump? Oh no it isn’t. Oh yes it is!
So much of the world - and construction in particular - looks like the back end of a panto horse. Imagine if we had a powerful, no-nonsense wheeler-dealer taking over the reins…
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Mauritian Marathon
If your project is changed out of all recognition can you abandon the lump sum price and remeasure from scratch? A long-running recent case from Mauritius went back to basics
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Hill sells construction claims arm to Pret owner
The firm’s construction claims business snapped up by huge European investor which owns Pret a Manger