Legal views – Page 4
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An adjudicator should deal with defects disputes, not the New Homes Ombudsman
This New Homes Ombudsman is a notion that’s all well and good, but its powers should not extend into defects disputes
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Contracting for offsite schemes
Peter Hibberd sets out the JCT standard form options when selecting a contract for a project that will use modern methods of construction
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Essential law: Termination, part three
As part of our essential law series, Sara Cunningham discusses how a right to terminate can be lost
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Adjudicator fees: paying the piper ahead of the tune
Adjudicators demand payment up front for good reason – but it’s not a lien, as those aren’t allowed. They should be
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A knotty nuisance: Japanese knotweed for developers
The legal implications of developing land adjacent to this highly invasive plant may be more extensive than you thought
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Explaining the infrastructure levy
The proposed new levy, designed to replace section 106 agreements and the CIL, is now to be stuck in pilot phase for a decade. What does this mean for developers?
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Will the JCT change how its contracts tackle insolvency?
Recent changes to insolvency law bring expectations of an amended approach in the upcoming new contract suite
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Comment
Should your building register as higher-risk?
With the register now open for existing higher-risk buildings in England, principal accountable persons must make sure to register
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Comment
The developer remediation contract is full of confusion
Almost 50 developers have committed to fire safety remediation works under this government scheme, but clarity is severely lacking
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Case in focus: BDW Trading Ltd vs Lantoom Ltd
A judgment concerning defective stone supplied for a residential project
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When is a bully not a bully? Let’s look at Dominic Raab
Tony Bingham considers the curious question of Dominic Raab and how to tell the difference between bullying and effective management
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Let’s pledge to boost women in adjudication
Two new initiatives aim to tackle the problem that women make up only 8% of UK adjudicators
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Clarity on time-bars in adjudication
A new ruling sheds light on the Limitation Act’s application to adjudication proceedings
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Termination: how to get it right
A recent case on termination under contract and at common law provides guidance on complex post-termination disputes
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Party on down: why the Party Wall Act doesn’t stand up
The Party Wall Act is not fit for purpose, as a recent dispute between Dagenham neighbours makes only too clear
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MMC and the ºÃÉ«ÏÈÉúTV Safety Act
Offsite construction dovetails nicely with the new legislation’s provisions for tall buildings
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Double trouble: parallel process and adjudication
A contractor took its subcontractor to court halfway through an adjudication on the same issues. Then things got complicated
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Decoding force majeure terms in contracts
A recent ruling has implications for the drafting and interpretation of force majeure and reasonable endeavours terms
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Comment
Essential law: Termination, part two
As part of our essential law series, Carolyn Davies looks at what must be done when terminating a contract in order to avoid arguments and counterclaims
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Comment
Case in focus: St James’s Oncology SPC Ltd vs Lendlease
A claim involving Lendlease Construction (Europe)