All Legal articles – Page 126
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Court isn’t all it’s cracked up to be
The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes – so why not adopt adjudication?
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Candy: Rogers was 'precious' about Chelsea design
CPC boss describes how architect refused to make changes requested by the London mayor
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Christian Candy gives evidence in Chelsea Barracks case
Counsel for CPC says Qatari Diar had "no lawful justification" for withdrawing planning application
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Rok ºÃÉ«ÏÈÉúTV vs Celtic Composting Systems
Our Fenwick Elliott expert discusses a dispute over the 'slip rule'
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Expert determination: A short cut through a swamp
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
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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Crowley Civil Engineers vs Rushmoor council: Claiming a contribution
Out Fenwick Elliott expert describes a dispute over an open space in Hampshire
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This one’s on you
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
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Judges unleashed
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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Legal threat to surveyors drives down house prices
Housebuilders say disputes over pre-recession valuations are slowing recovery
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Running out of common sense
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
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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The reckoning
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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Comment
A pain in the NEC
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
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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Vinci: Luton council broke tender rules
Vinci has alleged that Luton council breached tender rules in the latest chapter of the row over the town’s £52m guided busway scheme
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Comment
In praise of doing less: adjudication scheme
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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ºÃÉ«ÏÈÉúTV launches legal online group
ºÃÉ«ÏÈÉúTV's social networking site now hosts discussion forum for construction law
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'Pre-pack' administrations face stricter controls
The public’s cynical view of business deals is hardly surprising
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Comment
What do you mean, ‘as far as possible’?
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?