All Legal articles – Page 35
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Adjudication enforcement: Levelling the playing field
Is it fair when SMEs have to go to court to enforce an adjudication decision? Two of our columnists team up to argue that it’s time for reform
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A statement on infrastructure
Will investment on infrastructure in the Autumn Statement live up to government rhetoric? And what financial arrangements will be needed for projects given the green light?
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Partial failure is not good enough
An interesting case sees total failure of consideration used as a means of defence. But can some performance be disregarded and total failure still exist?
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The book group
Thinking about getting in some early Christmas shopping? Here are some thoughts on two new publications on construction law, available now
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Standing up to slavery
Large organisations are now required to publish a statement on what they are doing to ensure modern slavery is not taking place in their business or supply chains
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In the frame
Frameworks are here to stay but they don’t always run smoothly. A new tool aims to improve the process of collaboration by offering a standard model to work to
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Case in focus: Enforcement and severance
Did inconsistencies between consecutive adjudication decisions render the second decision unenforceable? Or, if enforceable, could the second decision be severed due to an arithmetical error?
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Expert witnesses: An expert switch?
Recent case law confirms the courts’ approach to parties changing from one expert witness to another and whether the first opinion sought should be disclosed to the court
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Check the paperwork
It’s not just Byron clamping down on illegal employees. The government has a drive on to catch workers who do not have the right to work in the UK - with big fines falling on those who employ them
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ºÃÉ«ÏÈÉúTV
Barratt London boss arrested
Firm suspends London regional MD Alastair Baird amid allegations of misconduct over contract awards
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Mind the gaps
When words are removed from a contract, deciding what to bring back into the court room can be a tricky business. A recent TCC case provides an example
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The Welsh pipeline
Jeremy Williams analyses the Welsh political and economic landscape and asks what it will take to get several key multi-billion pound infrastructure projects off the ground
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Weather delay: Come rain or come shine
How bad does the weather have to get for it to warrant an extension of time? We need to be aware of our contractual entitlements in exceptional weather conditions
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ºÃÉ«ÏÈÉúTV
Law firms to merge to create sixth largest in world
Three firms who deal with construction set to combine to create sixth largest by headcount
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A cure for the cashflow
As UK construction continues to be beset by poor payment practices, maybe the government should follow the example of tougher regulation introduced on the other side of the world
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Concurrent delay: Time on your side?
The recent case of Saga Cruises vs Fincantieri considered the question of when delays will be concurrent
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Questioning expert witnesses
When an expert witness - a guardian of trust and knowledge - is proved wrong in court, it is tempting to try to turn psychologist and wonder what was going through his head
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Case in focus: Expert shopping
To what extent should a party be required to disclose additional documents as a condition of being permitted to replace an expert witness?
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Oral agreement: Power of the spoken word
Where a contract insists all changes must be in writing, what effect should there be when changes are introduced following an oral agreement? A recent Court of Appeal case provides guidance
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Comment
The Insurance Act 2015 – No ask no tell?
On 12 August, the Insurance Act 2015 came into force, sweeping aside more than 100 years of legislation