Legal views – Page 48
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Construction Act: Pay back time
Moves to speed up payment for the supply chain may have tipped the balance too far the other way and some subcontractors are cashing in
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Liquidated damages: The unlikely LADs
A court struck down a liquidated damages clause because when the value of the contract was reduced, it became disproportionate and ‘unconscionable’
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Collaborative working: Age of the team players
The industry has a number of tools to help focus collaborative working. So, is partnering still the future of construction?
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Chain of indemnity
A look at a case where an indemnity clause was found to be applicable despite the beneficiary being at fault
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For all practical purposes
A case on the familiar topic of a professional’s duties in certifying practical completion
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Learning to get ahead of the game
Stereotypical substandard student accommodation is changing
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Risky business
More than 80% of the industry complain that contract obligations are becoming too complex. But guarding against risk early on could save money
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Payment abuse: Won’t pay, must pay
Don’t underestimate the challenge. It’s time to beef up the Payment Charter
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Let’s talk about it
A High Court decision says parties to a dispute may be obliged to first to enter into friendly discussions
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The cost of avoiding disputes
Can we learn from earlier arrangements to reduce disputes later?
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Why did you sign that?
Identifying who is liable if that dream property purchase turns into a nightmare can be difficult
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Another brick in the wall?
There are contractual solutions to guard against building material shortages
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Property: Waving a green stick
Plans are afoot to compel private landlords to make energy efficiency improvements to their properties
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No messing north of the border
This case from the Scottish Court of Appeal reiterates the point that adjudication should not be held up by minor technical points
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Insurance: Living with uncertainty
Insurance can help projects thrive by limiting uncertainty but developers must take initiative in developing their programmes
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Challenging times
In regards to procurement, the public sector is already held to a far higher standard than private clients
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Health as well as safety
The HSE wants to consolidate the message that exposure to hazardous substances and dusts containing silica is as much of a health risk as on-site safety
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Termination at convenience
Terminating a contract is never an easy call to make, and it could have a strong impact on later damages payments should you act too hastily, as these cases demonstrate
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New homes insurance and lost deposits?
A recent TCC judgment involves claims by a number of parties in respect of lost deposits paid for new flats
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A case for compensation
A case in Ireland considered some of the clauses surrounding compensation events in the NEC3 suite of contracts