Legal – Page 3
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Professional liability may extend further than consultants think
A recent case clarifies what kinds of claims can be made against consultants if they fail in their duties, writes Theresa Mohammed
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Ruling means court-ordered alternative dispute resolution extends beyond construction contracts
The appeal court has ruled that parties in any kind of dispute – not just construction – can be court ordered to use alternative dispute resolutions (ADR), explains Tony Bingham
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New ruling says late payment may not be grounds for termination
Cash flow is likely to worsen for contractors and subcontractors following a TCC judgment clarifying termination rights relating to late payment
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Adjudication: how did it all get so complicated?
Tony Bingham looks at an ordinary adjudication of mind-bending complexity and wonders how this haas become the new norm
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What to do if your contractor is in financial difficulty
Louise Garcia sets out the considerations, options and precautions a client can take if a main contractor’s finances look wobbly
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The construction year ahead: what can we expect in 2024?
Sheena Sood previews the year ahead in construction law, with some major legislative, contractual and policy changes looming
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How a new model law can provide oven-ready adjudication
Tony Bingham salutes the new ISAF model law on statutory adjudication, which is designed to be adopted by any country
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Hitting the high spots: 2023 in construction law
The legal highlights of 2023 include a case on a high-up viewing platform and a new regime for high-rise residences
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Navigating NABERS
The shift to performance-based environmental rating systems such as NABERS UK presents several contractual challenges
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Deliberate landbanking by housebuilders is a myth
The suggestion that housebuilders deliberately landbank is, to put it bluntly, poppycock, writes John Wallace
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The top causes of UK disputes? Incorrect design and poor workmanship
While research reveals design errors are a top issue globally, the UK is unusually prone to poor workmanship disputes – but has fewer claims related to project management
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Report on adjudication reveals growing popularity but also demand for change
A new report on statutory adjudication reveals most survey respondents want redacted decisions published and a quarter suspect adjudicator bias
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Adjudication: it isn’t always pay now, argue later
The loser in an adjudication case can seek a stay of payment if it plans to appeal and the winner is financially unstable
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PFI project handbacks to the public sector – what we’ve learned so far
The first wave of handbacks give clear pointers for the rest of the PFI projects due to be handed back over the next few years
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Defining ‘without predudice’ in construction contracts
The case of AZ vs BY casts light on the principle of without-prejudice privilege and its importance
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Will the Procurement Act 2023 really transform public procurement?
We now have the tools we need to make procurement fit for purpose, we all have a responsbibility to ensure this transformation happens, write Rebecca Rees
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Compulsory purchase compensation in light of HS2 Supreme Court ruling
The Supreme Court decision earlier this year on the land for Curzon Street station could have far-reaching consequencesÂ
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What are building safety remediation orders?
How the new provisions under the ¾«¶«Ó°ÊÓ Safety Act will work
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How retrofit impacts on procurement
How does building retrofit impact on procurement and do adequate standard form contracts exist for its delivery? Peter Hibberd explains
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Review your contracts for potential RAAC liabilities
Given what happened with cladding, it would be wise to review your RAAC exposure now