Legal views – Page 11
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Defects and limitation periods
Recent defects claims prompted by a renewed focus on building safety highlight common problems with limitation periods
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Case in focus: D McLaughlin & Sons Ltd vs East Ayrshire Council
Ted Lowery considers an attempt to apply the Hutton principle in Scotland
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Homebuyer surveys: consultants, beware the faults you can’t see
A surveyor who failed to seek certification for a refurbished home has been stuck with massive rebuild costs
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How to make joint ventures work
What are the elements of a successful JV, and what contractual omissions can lead to failure?
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Trial by example
A recent case offers valuable guidance on how samples can be used cost-effectively to present complex cases
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The Uber effect in construction
What a recent ruling on employment status could mean for the building industry
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Heat network regulations – time to re-evaluate?
Recent changes to the rules, and a growing focus on enforcement, mean heat suppliers should assess their obligations more closely
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Get tooled up for the new off-payroll rules
The IR35 system for hiring freelance contractors changes next month, but there are problems with the CEST tool intended to help implement it. What can you do?
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Experts in two minds – but within one firm
A recent appeal case looked at whether a company can provide expert services in claims for and against the same party
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Adjudicate first, litigate after
A Scottish court has upheld the NEC3 provision that makes adjudication mandatory before litigation can be sought
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Calling the shots – what the law says about vaccination and employment
How far can construction employers go in urging covid-19 vaccination upon their staff, asks Francis Ho
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Insurers told to pay out over covid
The Supreme Court has largely struck down insurers’ appeals against a ruling on their refusal to pay out over covid on business interruption insurance
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Beware of ‘subject to contract’
Using this term implies no binding agreement has been made and thus can invalidate a supposed contract
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What does the VAT reverse charge mean for you?
The domestic reverse charge comes into effect on 1 March – here’s what you need to do
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Essential law: Liquidated damages, part two
Continuing our series on the basics of construction law, Andrew Keeley looks at the consequences of a liquidated damages clause being unenforceable
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A new construction products tsar
Will the new regulator have the teeth it needs? And what about product testing?
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Insurance pain in the supply chain
Professional indemnity insurance is a growing problem for subcontractors, yet clients and main contractors seem utterly blind
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Let’s legislate on home warranties
Better ºÃÉ«ÏÈÉúTV Regulations won’t help without systems to ensure adherence – that means legal minimum warranty standards
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The legal view of the Future Homes Standard
Ashfords’ Katharine Rutherford explains what the new standard means for contractors
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Scale and ambition in the MENA region
Billions are being invested in infrastructure and transportation projects, says Fenwick Elliott’s Simon Tolson