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Comment

Hamish Lal: Bare realities

2010-05-21T00:00:00Z

Hamish Lal The final part of our series on the nuclear decommissioning sector looks at the kind of risks the industry is grappling with today – including that the money will run out

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Expert determination: A short cut through a swamp

2010-05-14T00:00:00Z

Plumping for expert determination to resolve a dispute may sound like a quick, cheap, hassle-free alternative to adjudication or litigation. But it ain’t necessarily so

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All things considered

2010-05-14T00:00:00Z

Adjudicators have it drummed into them that they should decide the dispute in the notice of adjudication. Here’s a case that shows there is some room for flexibility

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Judges unleashed

2010-05-07T00:00:00Z

Simon Tolson Unlike the restrained and remote judges of the past, many now snap at the ankles of the advocates to ensure cases proceed in the way they should

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This one’s on you

2010-05-07T00:00:00Z

Tony Bingham Tolent clauses, which make the party that refers an adjudication pay all the legal costs, are to be outlawed by the Construction Act … but a judge has just got there first

Comment

Running out of common sense

2010-05-07T00:00:00Z

Shy Jackson One area where the judges are struggling to make up their minds is the ‘without prejudice’ rule. Here’s a rundown of the arguments, and the spats, among our learned friends

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Your next assignment

2010-05-07T00:00:00Z

James Duckworth and Charles Jakeman Transferring construction agreement benefits between parties requires care and attention, especially when dealing with the ‘no loss’ defence

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In praise of doing less: adjudication scheme

2010-04-30T00:00:00Z

The scheme for adjudication is being redrafted to fit the new (deep breath) Local Democracy, Economic Development and Construction Act. If only they would write it on just one page

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The reckoning

2010-04-30T00:00:00Z

Fiona Gill and Mark Roach So what did the Labour party do for (or to) construction during the past 13 years? And what will happen if the Conservatives take over?

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A pain in the NEC

2010-04-30T00:00:00Z

Disputes on NEC projects are on the rise, so if you don’t want to find yourself in a bind, here are some points to be aware of when using this contract

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Nuclear contracts: Ending in tiers

2010-04-30T00:00:00Z

The second of our three-part series on the nuclear decommissioning sector looks at the target-cost clauses of tier two contracts – their benefits and pitfalls

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About this turbine you sold me

2010-04-23T00:00:00Z

An NEC form for the supply of high-value items has arrived on the scene to compete with the handful of contracts that already provide this facility. What’s the verdict?

Comment

What do you mean, ‘as far as possible’?

2010-04-23T00:00:00Z

The Supreme Court has been looking at how to interpret words. It favours looking at commercial intention rather than literal meaning – but are intentions any easier to fathom?

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Bribery Bill: Greasing the wheels of commerce

2010-04-23T00:00:00Z

Bribery is endemic in many parts of the world where British firms do business, but any that succumb to it will soon face fairly horrific penalties

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Collatoral contracts: The unkindness of strangers

2010-04-23T00:00:00Z

Collateral contracts are supposed to protect those not party to a contractual set-up. They work, but they also introduce flint-hearted button counters into the equation

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Match of the day: Mott MacDonald vs Multiplex

2010-04-16T00:00:00Z

Mott MacDonald vs Multiplex is a game of two halves – first there’s the disputing, then there’s coughing up the legal costs. Alas, these are so high, neither wants to call it a draw

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Feeling the squeeze

2010-04-16T00:00:00Z

Be careful how you go about recovering money that is owed you – you might fall foul of the Protection from Harassment Act and end up paying them

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Scheming minds

2010-04-16T00:00:00Z

The government has released a consultation on the Scheme for Construction Contracts that proposes big changes in the industry’s rules. Here’s what I think of them …

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Off half-cock

2010-04-09T00:00:00Z

You’d think that getting the contract right before beginning work was just common sense. Especially since, if you don’t, the only people likely to win are the lawyers …

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Going nuclear: contracts for decommissioning work

2010-04-09T00:00:00Z

Everything you wanted to know about the nuclear decommissioning sector but were afraid to ask – explained to you in a three-part series starting with this overview