Legal views – Page 75
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Adjudication: When the going gets rough
Adjudication is supposed to be a 28-day dash over the hurdles, but there are some cases where the justice is a bit too crude to be enforced
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Contracts in writing and SMEs
The rule that contracts have to be in writing is about to be scrapped, but SMEs in particular may mark its passing with regret
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Part 36 offers: It's all in the timing
Part 36 offers are made by a party as a way of settling a dispute. But if you’re planning to use one, be aware that they are not time-limited and apply until they are withdrawn
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Estimates and quotation: Rough justice
Is a judge qualified to price up a building job? Don’t quote me on this, but he might have a pretty good go
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Changes to legislation for sewers and drains
New legislation will transfer responsibility for most private sewers and drains to water companies. Here’s how the latest developments will affect contractors and developers
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The retrofit market part 1: A stalled market
In the first of two articles looking at the retrofit market in the UK, Chris Hill explores the reasons why the market is stalling and points out some examples to follow
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A quick guide to collateral warranties and third party rights on construction projects
Tips on what collateral warranties and third party rights mean in practice
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Shifting standards: new JCT contracts
New standard form JCT contracts are on their way, in line with the government’s construction strategy. But don’t worry, help is at hand to understand the changes
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The Riot Act: it takes a village
Last month’s riots implicated every one of us - especially those at the top. It also brought to mind an old community-minded rule of law
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Reading the Riot Act
If your project suffered a loss as a result of the riots this August you may be able to claim compensation under a JCT contract or even from the police through a 125-year-old statute
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Reading the riot act
If your project suffered a loss as a result of the riots this August you may be able to claim compensation under a JCT contract or even from the police through a 125 year old statute
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Deciding a case: Theory vs practice
What’s the law regarding deciding a case on its merit? What are the merits of deciding a case on the law? It’s a debate that may interest judges more than your average builder
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VAT on design and build: Vatman returns
When the HMRC threatened to charge VAT on design fees in design and build contracts it put the viability of many schemes at risk. Now it seems to have had a change of heart
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International arbitration: A city on edge
A case that jeopardised the future of the international arbitration business based in London has been ruled on by the Supreme Court. Here’s what it had to say …
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Rules and regulations: Getting caught out
Inquiries into bidding processes have a time limit. Fair play, right? Not if you get held up in the rules and regulations
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Insolvency: When is it official?
Insolvency is something we are seeing a lot of at the moment but most contracts don’t deal with the void between being insolvent and being declared insolvent
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Dispute resolution: Multiple choice
If you have a construction dispute your biggest problem isn’t the other party - it’s deciding which dispute resolution option to go for
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Construction Act changes: Are you ready?
What you need to know about payment notices to avoid falling foul of the new act
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Dos and don'ts: Pre-action protocol
The latest in our dos and don’ts series looks at using the pre-action protocol to settle construction disputes
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Breach of contract: A long climb to justice
If you ask someone to design and supply a staircase and it arrives as a heap and not fit for purpose, you can shout breach - but does that mean you can reject the goods?