All Legal articles – Page 35
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A year in increments
While 2016 had more than its fair share of instability, in the world of construction law, it was business as usual
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Unlocking the private rented sector
There’s no silver bullet for the housing crisis, but using modular construction in the private rented sector could be part of the solution. How do we achieve higher density housing in crowded cities?
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The ties that bind
After Brexit, the UK is to go its own way regarding procurement and contracts but it will still have to work within parameters set by others if it is to trade internationally
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Case in focus: Final Account application
Where an adjudicator applies ISG vs Seevic to order payment of a final account application, can the valuation be challenged in a subsequent adjudication?
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Futureproof your disputes
Leaving the European Union could cause complications for the enforcement of court actions against firms and entities in EU member states. Arbitration could offer an alternative
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Third time lucky?
Here’s a case that shows up the sheer muddle that is the Construction Act’s payment rules. They need to be rewritten - only not by those who made such a mess of it on the first two attempts
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Letters of the law
The law on letters of credit has been upheld in two cases; banks cannot refuse to pay a demand meeting the requirements of a letter of credit unless it would involve fraud
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Widening the tax net
Changes to tax rules for dealing in UK land are aimed at offshore developers but could also affect UK-based entities
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Contracts: Delay signing at your peril
Starting on site without a contract can have major consequences. The more work that has been done and the more issues arising as a result, the harder it will be to get one signed off
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Adjudication costs: No harm in asking
It was understood that you could not claim costs incurred in adjudication, but that position has been complicated following a case before the TCC
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Adjudication enforcement: Levelling the playing field
Is it fair when SMEs have to go to court to enforce an adjudication decision? Two of our columnists team up to argue that it’s time for reform
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A statement on infrastructure
Will investment on infrastructure in the Autumn Statement live up to government rhetoric? And what financial arrangements will be needed for projects given the green light?
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Partial failure is not good enough
An interesting case sees total failure of consideration used as a means of defence. But can some performance be disregarded and total failure still exist?
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The book group
Thinking about getting in some early Christmas shopping? Here are some thoughts on two new publications on construction law, available now
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Standing up to slavery
Large organisations are now required to publish a statement on what they are doing to ensure modern slavery is not taking place in their business or supply chains
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In the frame
Frameworks are here to stay but they don’t always run smoothly. A new tool aims to improve the process of collaboration by offering a standard model to work to
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Case in focus: Enforcement and severance
Did inconsistencies between consecutive adjudication decisions render the second decision unenforceable? Or, if enforceable, could the second decision be severed due to an arithmetical error?
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Expert witnesses: An expert switch?
Recent case law confirms the courts’ approach to parties changing from one expert witness to another and whether the first opinion sought should be disclosed to the court
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Check the paperwork
It’s not just Byron clamping down on illegal employees. The government has a drive on to catch workers who do not have the right to work in the UK - with big fines falling on those who employ them
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Barratt London boss arrested
Firm suspends London regional MD Alastair Baird amid allegations of misconduct over contract awards