Legal views – Page 73
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Carillion vs Smith: Adjudicating the same dispute
The principle that the same dispute cannot go to adjudication twice has just been upheld in the court, making it clear that simply repackaging the issues is not acceptable
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Deeds: Signed, sealed, delivered
Deeds hark back to the time of Dickens and used to be delivered by hand. But how do they work in the 21st century? A recent case reveals the answer
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A quick guide to starting an adjudication
If you decide you need to start an adjudication, how should you go about it? This quick guide helps you through
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Protection against insolvency: Cash back
Construction has a poor reputation when it comes to protecting itself against insolvency risk. So here are some tips on how to stay on top of cashflow
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The CITB levy: The great escape
One firm used a trick to try to escape the CITB levy but in the end it was the training board that got itself out of a jam
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Dos and don'ts: Settling a dispute
The last installment in our dos and don’ts series helps you avoid the pitfalls when settling a dispute and shows you how to recover your money in full
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Adjudication: More than the final whistle
If an adjudicator fails to decide who owes who what money, you’ll still have to pay up for all the refereeing they’ve done
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Mediation: When's the best time?
At any stage in a dispute there are reasons to reject mediation, but, says John Redmond, that doesn’t mean you should
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Disclosure of Incentives Forms: A help or a hindrance?
From October new rules require housebuilders to make lenders aware of incentives offered to buyers - the idea is to ensure a mortgage offer is based on a true valuation of a property
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A quick guide to adjudication
A quick guide to what adjudication is, what types of dispute it is used for and what to do if you receive a notice of adjudication
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Contractor insolvency: Terminating a contract on a project
How does the new Construction Act come into play in the worst case scenario when you’re terminating a contract?
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Personal liability when a company owes money
Being a limited liability company doesn’t stop directors being held responsible if creditors are owed money
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The Construction Act: Changes to consultants' payment processes
Consultants’ payment processes are traditionally very different to those of contractors. So how have they changed in the standard contracts since the new Construction Act?
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New asbestos regulations: What you need to know
Asbestos regulations are changing, and to avoid being hit with a whopping fine, like M&S, it’s worth taking note. Here’s a summary of some of the main points to bear in mind
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Dos and don'ts: Insurance on a major project
The latest in our dos and don’ts series guides you through insurance on a major project, from what to insure against to understanding what is not covered by a policy
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Changes to public procurement regulations
A round-up of the recent changes arising from the Public Procurement Regulations 2011
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NEC3 and the global market: World domination
Although Tony Bingham and others criticise the NEC3 for its administrative burden, in the global construction market it has a vital role to play in good project management
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When does the new Construction Act apply?
Working out when the new Act applies is tricky, but looking at past cases might help
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Public procurement: Getting the hang of it
Public procurement rules aren’t there to be broken - Brussels’ orders. But it will help if you learn to juggle with their terms
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New feed-in tariffs: The impact for the construction industry
As feed-in tariffs for PVs continue to hit the headlines, what are the key changes are being proposed, and what is their potential impact?