Legal views – Page 56
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Section 144: What about commercial property?
When redeveloping an empty property, the project can be at risk of delay from squatters. The law now protects residential stock – should the same happen with commercial buildings?
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Press "send" in haste, repent at leisure
Owing to the dominance of e-communications it is easier than ever to record the wrong thing
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Stop scrabbling around
The losing party in an adjudication sometimes tries to come up with a reason not to pay. But, however ingenious the argument, the court is likely to enforce the adjudicator’s decision
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Responsible parenting
When it comes to competition law, parent companies need to keep a close eye on their subsidiaries, even if they operate independently
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Insolvency and adjudication
An adjudicator decides who has to pay what to whom - a decision that is binding. But what happens when the payee is insolvent and any money paid may never be seen again?
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Claims under collateral warranties
In her final column for ºÃÉ«ÏÈÉúTV, Rachel Barnes looks at a case that sheds some light on the thorny question of whether a claim under a collateral warranty can be referred to adjudication
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Withholding payment after adjudication
Withholding payment after an adjudicator has made a decision puts you in tricky territory. But one of the parties in this case attempted to find a way to do just that
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No stay of execution
A contractor tries to delay paying its subcontractor, arguing that it cannot reclaim the money later if the other firm goes into administration. What did Mr Justice Ramsey think?
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Disaster management: Saving your business and your reputation
Sometimes things happen in a way that could not be predicted. So when things go wrong, what’s the next step?
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JCT in non-UK markets: Going global
The JCT is launching a survey to find out about people’s experiences of using its contracts abroad. Our new columnist weighs up its chances of success in an international market
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Mandatory cost budgeting: Counting the cost
Construction legal experts debate the highly controversial subject of mandatory cost budgeting
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Museum of Liverpool: Picking up the tab
Another interesting aspect of the Museum of Liverpool case is that the architect had to pay an adjudicator’s fee for an adjudication it wasn’t involved in. Does this set a precedent?
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Will collateral warranty standard clauses stand up?
Pre-recession, collateral warranties were ‘belt and braces’ protection. All that has changed
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Strategic use of notices over holiday periods
Holiday seasons are often a time for time-sensitive notices – we should be grown up enough to accept this as an acceptable business activity
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Parkwood Leisure Ltd vs Laing O’Rourke Wales and West Ltd: Collateral warranties as construction contracts
This decision may lead to contractors and subcontractors trying to limit the number of warranties being given
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The new state schools
Publicly funded academies and free schools offer new opportunities for the construction sector. But make sure you know who the decision makers are
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Good faith clauses
As Luis Suárez questions his contract with Liverpool, we look at the similarities between football and construction contracts - and what they can show us about good faith clauses
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Architects in the frame
The much-debated Museum of Liverpool judgment shows us that it can be the architect’s head on the block rather than the contractor’s
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Student accommodation LADs: Missing the start of term
Contractors and developers are used to paying LADs when a project is running late. But missing a deadline on student accommodation can lead to more complex issues
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Industrial strategy: Round Two
Last week, our columnist gave the government a piece of his mind over the Construction 2025 strategy. This time he explains how it should be changing its own behaviour in order to make savings