Legal views – Page 69
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Comment
When judges let rip: Obliterated by obsession
The amusingly acerbic judgment from a Canadian case offers a darker reminder of what happens when reason fails
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EPCM: Win-win procurement
Engineering procurement and construction management is widely used abroad. Is it time for UK companies to look at how they can benefit from this model?
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The bad side of good faith clauses
‘Good faith’ clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them
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Causes and loss: Pegasus vs Ernst & Young
A case against Ernst & Young sheds fresh light on an old chestnut - whether the new owner of transferred assets can sue for its predecessor’s alleged losses
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Comment
NEC contracts: Don’t look back in anger
Engaging in retrospective re-evaluations of contractual terms undermines the forward-looking and co-operative nature of the NEC
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20 years in dispute: The antique road show
Nothing moves as slowly as the law - a dispute dating from 1991 is back in court and the arguments haven’t moved on an inch. Unlike the costs
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The ºÃÉ«ÏÈÉúTV Information Modelling minefield: Bimming hell!
Rightly, we’re all getting excited over ºÃÉ«ÏÈÉúTV Information Modelling, but if you don’t get your head around some of the contractual implications, things could get heated
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Comment
New asbestos regulations: Legal points to remember
Contractors dealing with non-licensed work will have to give asbestos regulations a little more thought after the changes from 6 April
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Comment
Feed-in tariff timetable: Compensation for firms
We all know the government’s timetable for cuts to the solar feed-in tariff was illegal but how do those who suffered from the over-hasty announcement go about getting compensation?
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Rights of light: CIP Property Ltd vs Transport for London
A recent case involving a future Crossrail site demonstrates that you can’t start legal proceedings over a potential rights of light claim too early
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Comment
Noise-related disputes: Sound reasoning
Arguments over noise are becoming increasingly common as urban areas get ever more congested, but the solutions to the problem are far from straightforward
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Comment
Legal professional privilege: Careful who you trust
Your dealings with a consultant are only secret if that consultant is a solicitor or barrister - whether you like it or not
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Comment
The NPPF: Lack of clarity will lead to challenges
A lack of clarity in the NPPF will pave the way for debate and challenges rather than speeding up the development process
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Comment
Economic duress: Progress Bulk Carriers Ltd vs Tube City IMS LLC
Parties are free to negotiate a hard bargain, but if your behaviour is deemed unethical or unconscionable, then you risk short shrift from the courts
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Comment
E-disclosure: What's inside your computer?
E-disclosure is complicated and requires planning and co-operation between the parties if it is to be effective
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New asbestos regulations: The risks
From tomorrow stricter regulations will govern even low-risk asbestos work, triggering new obligations for contractors and property owners. ºÃÉ«ÏÈÉúTV reports on the risks for the industry if it doesn’t follow the legislation to the letter
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Why Network Rail is playing fair
Network Rail hasn’t had to bully firms into signing its payment charter, for the simple reason that it’s in their interests too
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ºÃÉ«ÏÈÉúTV regulations: No liability for yes men
Big changes are being proposed to the ºÃÉ«ÏÈÉúTV Regulations, but not in the case of claims against local authorities for negligent approval
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Comment
Vietnam: The legal landscape
Construction opportunities in Asia are on the up, but what about the practicalities of doing business in a country such as Vietnam? Here’s a guide to what you need to know
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Comment
Dispute boards in the UK
They’re endorsed by the World Bank and pioneered in the US, so why are dispute boards not more widely accepted in the UK?