All Legal articles – Page 95
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Comment
How to follow a pre-action protocol
A pre-action protocol could help resolve your dispute and avoid a costly court procedure - but it involves more than simply complying with a set of rules
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Features
Costly legal disputes: Everyone's a loser
The amount spent on legal disputes has jumped by a third in the UK over the past year. Why are construction firms still so keen to spend on litigation?
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Comment
Letters of intent: Use with caution
If work has to start before a full contract is in place, a letter of intent seems like a convenient solution. But beware - they can lead to all sorts of complications
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Comment
New CIOB contract: Testing terms
Is the CIOB Complex Projects Contract a bit too, well, complex? It will be interesting to hear what clients and contractors think …
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Comment
Point West vs Mivan: Blast from the past
A dispute over who should cough up for the costs of making good defects to a penthouse hinged on a fundamental aspect of contract law: what did the contract originally intend?
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Comment
Agree how to disagree
From picking the right decision makers to getting the cash, dispute resolution is a minefield - it pays to have clear provisions in place before a project even begins
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Comment
Changes to bankruptcy proceedings: No credit where it's due
Some of the proposed reforms to petitioning for bankruptcy are to be welcomed but others will hit creditors at a time when they are already struggling for survival
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Comment
The NEC and 'good faith' clauses
The New Engineering Contract’s requirement to act in a spirit of mutual trust could penalise over-zealous suppliers just as easily as slack clients
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Comment
Green issues and building contracts
Ensuring construction contracts adhere to environmental legislation is not just about saving the planet - they can help your project run smoothly and protect you, too
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Comment
QSs and performance bonds
A QS can go to great lengths to get a contractor to put a performance bond in place. But if the contractor won’t pay for the bond, why blame the QS when the proverbial hits the fan?
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Cost of construction disputes rockets 35%
Disputes costing more and taking longer to resolve, EC Harris report finds
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Comment
Construction Act payment rules: Why the scheme works a dream
The Construction Act’s payment rules have baffled many a great mind - but all you have to do is follow the ‘Scheme’…
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Comment
Avoiding delays on projects: New CIOB contract
A contract aimed at reducing the factors that lead to costly delays is very much written for modern times - now is your chance to have your say
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Contractors fall out over Olympic Broadcast Centre
Main contractor FCC Elliott facing £500,000 claim by design and engineering consultant Cundall over Olympic work
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Delay to £400m energy plant prompts planning review
Permission for waste-to-energy plant delayed when objections lead to ‘special parliamentary procedure’
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Legal bids could derail passage of HS2 bill
Judicial review bids could mean bill for high speed project is unable to be passed in this Parliament
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Comment
Site investigations: Don't get stuck on shaky ground
A site purchased for development may already have a geotechnical and environmental report attached. But will it offer the developer enough protection?
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Comment
Tony Bingham: Disputes before payment date
Here’s a recent dispute over payment that was deemed to have crystallised even though the payment date had not been reached
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Comment
The impact of the Construction Act six months on
The amended Construction Act has been in effect for over six months. What impact has it had on contracts and what redress does it offer if things go wrong?
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Subcontractors to blame for oil spill, says Lend Lease
Contractor mounts defence that shifts blame for faulty system to Overbury and Gratte Brothers