Legal views – Page 5
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Never overlook the impact of price volatility when entering a contract
In a climate of strongly fluctuating prices and pressure on supply, provision for such risks must be factored into the contract
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If mediation drags on, don’t blame the referee
Day-long mediation can simply be too stressful an environment to produce a good result. But what’s to be done?
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Risk and responsibility: unpicking the first post-Grenfell court decisions
Recent High Court decisions suggest contractors will struggle to successfully challenge the costs of an implemented and effective remedial cladding solution
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A new dawn for onshore wind?
After some policy zig zags, the government is moving towards a commitment to wind farms on land, not just sea
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Expect an uptick in disputes this year as economy worsens
Tougher operating environment will drive a less collaborative approach, but there are strategies to minimise the risk of conflict
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How can developments meet the new rules on nitrate and phosphate pollution?
Emma Honey and Ben Sharples provide a guide to nutrient neutrality requirements
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Why it is important to consider solar panels in planning applications
Photovoltaic panels have a right to light, so planners will want to see that any on neighbouring properties have been taken into account
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Concurrent delay: get your retaliation in first
A recent case demonstrates an altered approach to concurrent delay that moves away from the ‘first in time’ approach
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How post-Brexit visa rules are affecting immigrant worker sponsorship
The points-based system has made a wide variety of construction roles eligible for company sponsorship, not just highly skilled positions
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What will 2023 hold for construction law?
Sheena Sood previews the year ahead in construction law, with ongoing economic uncertainty likely to mean increased disputes
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Seeking changes to consented schemes can jeopardise planning approval
A Supreme Court ruling on planning permissions underlines the importance for developers of being clear about their plans from the outset
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Case in focus: Solutions 4 North Tyneside Ltd vs Galliford Try ºÃÉ«ÏÈÉúTV 2014 Ltd
A dispute over the scope of the construction contractor’s obligations in a PFI project
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Adjudication: is it time to evolve?
A new report highlights the need for transparency in adjudication decisions as well as more diversity in the profession
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The year of moving on: 2022 in construction law
As we all tried to move on from the pandemic, many of the year’s most notable cases also related to problems of closure
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Mitigating supply chain insolvency risk
Careful contract negotiation can limit the potential damage from insolvency in a construction firm’s supply chain
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Legal abroad: Doing business in the United Arab Emirates
Continuing our series on the legal considerations of doing business around the globe, an update on the United Arab Emirates
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When a final account certificate is far from final
A dispute about the final account on a Scottish school got murkier and murkier – not to mention ever costlier
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Power is shifting to subcontractors
With suppliers in a better position to call the shots on contract terms, the industry must recalibrate its approach to risk management
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What causes construction disputes today?
Conflict over contract interpretation has become far less of a problem on UK construction projects – but design errors are still the leading cause of disputes, shows new research
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It’s all just LAD stuff
Liquidated damages can be a curious business, and this latest case is no exception. Listen carefully, and I’ll begin …