Legal views – Page 84
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Rush to judgment: Southern Insulation vs How Engineering
Southern Insulation was facing a complex multiparty action. To avoid dragging it out over the August recess it applied for a quick decision. This is what happened next…
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Advance payment bonds: Another bond story
On-demand bonds to protect advance payments are a really good idea, but a recent case shows that you have to give the courts as little room for interpretation as possible
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Feeling a little short changed? Plasterers and the CITB
Plasterers are sick of paying a training levy that really goes on jobs at the CITB. Who can blame them? We should be levying plasterboard makers at a fraction of the cost
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You’ve been warned: the dangers of advising traditional procurement
Traditional procurement methods are so needlessly wasteful that a consultant or solicitor who advises a client to adopt them may be guilty of negligence
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Getting to know all about you: ICE vs NEC3
Some contractors are upset that their old friend ICE conditions of contract has been dumped. But once they get to know the NEC, they’ll have their new buddy on speed dial
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One village bypass we don’t need: Community right to build
Exempting rural community-led developments from the planning system could have unintended and undesirable consequences
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How green are our valleys: ɫTV Regs in Wales
At the end of next year, the Welsh government will be responsible for building regulations in the principality - and it’s determined to make them as tough as possible
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What can be saved from Connaught's collapse?
Options for salvaging contracts with the failed social housing firm
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Clients transferring risk: The bullies are back
The abuses and macho posturing we got from clients’ advisers in the nineties have returned - but given their attitude to risk, aren’t they the real wimps?
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Common mistakes in... agreeing final accounts
Berwin Leighton Paisner’s new series on “Dos and Don’ts” offers practical advice on navigating the major projects’ minefield, beginning with Catherine Barstow’s advice on organising your work so that you’re ready for the final account
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Prompt payment: The other credit crunch
The government is making it a rule that all firms on public sector contracts be paid promptly, all the way down the supply chain. Which will come as a bit of a shock to some
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BSF exclusivity agreements: More punishment to come
Companies whose schemes escaped the ɫTV Schools for the Future cull should not bank on their exclusivity arrangements continuing unscathed
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What’s so great about the TCC?
The principal arena for construction dispute settlement has become a major force in the English legal system
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New Construction Act: Got a pen and paper handy?
A party can wriggle out of adjudication today by claiming there is no contract in writing. But once the new Construction Act comes into force, that excuse will no longer run
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To the letter
Giving notice need to ensure they comply precisely with contract requirements in extension of time or loss and expense clauses
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Insurance issues for fit-outs
If a tenant that occupies one floor of an office block wants to have a fit-out done, who insures the rest of the building against, for example, fire and flood?
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In absentia: Jean Shaw vs James Scott Builders
This case is all about missing persons, missing contracts, missing drawings and missing deadlines. So no surprise when eventually it all turned around a missing email
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Define ‘late’: City Inn vs Shepherd
The case of City Inn vs Shepherd has already created debate over how delays should be treated. It also has much to say about JCT80’s treatment of when instructions are due
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Accidents will happen … in adjudication
After getting on for 500 enforcements, one thing is clear: an adjudicator is expected to make mistakes. But that is the fault of the system - and it’s outweighed by its benefits
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Prepare yourself for a shock: D&O insurance for corporate manslaughter
The Corporate Manslaughter Act puts company executives in the firing line for breaches of health and safety, so it’s wise to get some protection