All Legal articles – Page 80
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Easements: What's yours is theirs
How easements - rights that people who don’t own the land can exercise on it - can hold up a development
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Limitation periods and adjudication
The idea of adjudication is that it has no bearing on any subsequent litigation or arbitration, but in this case a clever argument tried to get around that principle
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May Gurney shareholders approve Kier takeover
May Gurney shareholder overwhelmingly approve Kier’s £221m proposed takeover
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Tim Yeo steps aside as committee chair
Tim Yeo steps aside from role as chair of energy and climate change committee while alleged lobbying breaches are investigated
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No crime and punishment
Contracting authorities can ban bidders from their tenders for certain crimes and also for non-criminal acts that amount to ‘grave misconduct’
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Fire breaks out at Brookfield's Glasgow Hospital
A fire broke out at Brookfield Multiplex’s Southern General Hospital site in Glasgow
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Yeo caught in lobbying sting
But chair of energy and climate change committee denies wrong doing
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Knowing who you're in contract with
Problems with a retaining wall led to a dispute for damages. But who had the engineer signed a contract with - a business or an individual?
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MAC clauses: Phantom menace
Material Adverse Change clauses are often included in commercial contracts but rarely enforced. Developers need to be aware of what can happen when they are, as a recent case has shown
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Lewis' ¾«¶«Ó°ÊÓ contractor set to go bust
Merepark Construction faces liquidation after bank ceases payments on redevelopment of iconic Lewis’ ¾«¶«Ó°ÊÓ
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Councils could lose planning powers
Government publishes regulations that could see councils that block development have their planning powers removed
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Four immigration arrests at London Bridge station job
Border Agency arrests workers after enforcement visit to London Bridge site
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Watchdog clears Kier's May Gurney takeover
Office for Fair Trading decides not to refer Kier’s proposed £221m acquisition of May Gurney to Competition Commission
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Union launches blacklist High Court action
Contractors including Carillion, Sir Robert McAlpine and Kier targeted in legal action lodged by the GMB on behalf of construction workers
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Repudiatory breach of contract: Once more unto the breach
A repudiatory breach by the other side allows you to terminate a contract. But you will need to be sure it is such a breach if you don’t want the courts to put you right
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Demolition firm fined after worker crushed
Court action after worker seriously hurt by concrete-crushing machine
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Probe into HR role in blacklisting
CIPD to investigate members alleged to have used the services of now defunct construction industry blacklisting firm
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Contract flexibility: How far can it bend?
Flexibility in contracts is a complex matter. Professionals need the freedom to exercise their judgment, but never at the expense of precise language
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The madness of NEC the third
This clause was so complicated that the parties offered two different interpretations and the adjudicator went with a third. Which started a whole new round of wrangling …