All Legal articles – Page 9
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Averting supply chain breakdown
With insolvencies on the rise, be vigilant about your supply chain health, warn Stephen Rockhill and Tim CarterÂ
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Twenty-five years of adjudication
Theresa Mohammed looks back on a quarter-century of construction adjudication – what’s changed, and has it achieved its aimed?
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£1 notices aren’t worth the paper they’re printed on
A payment notice is invalid if it fails to set out the amount genuinely considered due – placeholder notices don’t count, says Tony Bingham
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Case in focus: Dana UK Axle Ltd vs Freudenberg FSTÂ GmbH
Ted Lowery looks at a case in which the defendant’s expert evidence was excluded
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Is a collateral warranty a construction contract?
Victoria Peckett on what the Toppan ruling has added to the debate about when a collateral warranty constitutes a construction contract
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A liquid situation over damages
Tony Bingham tells of a subcontractor defending a liquidated damages claim that decided it did want to pay them after all, when the client changed tack
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PFI hand-back – are you at risk?
If you were involved in design or construction of PFI projects about to expire, be prepared for fallout in the form of claims against you as the facilities are handed back. By Sheena Sood
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Legal abroad: Doing business in Bahrain
Gerard Moore and Bruno Savoie look at a country where infrastructure is strongly funded and arbitration well established
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Make contractual provison for rising prices
In the face of disproportionate materials cost inflation, it is vital to use the right fluctuation provisions in your contracts, warns Peter Hibberd
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On too great expectations
Tony Bingham on a client who paid dearly for taking her builder’s quote and completion date too literally – with a whole lot of variations on top
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A question of liability
The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Robert Akenhead
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Making the most of modular contracts
Jahanara Hussain and Sarah Hale on how to minimise the risks and increase the benefits from modular
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Multiple dispute objections and cherry picking
A recent ruling in Prater vs Sisk confirms that referring discrete elements of a dispute to a single adjudication does not result in the referral of multiple disputes, writes Jessica Scott
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Will developers be left holding the political hot potato on planning reform?
Proposals do little to address the real issues that cause planning delay and will only worsen local authorities’ lack of resources
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Supreme clarity on liquidated damages
Accrual of liquidated damages ends on termination of the contract, the Supreme Court has ruled
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The ºÃÉ«ÏÈÉúTV Safety Bill: a legal view
Theresa Mohammed examines the draft legislation in detail, including the associated regulations revisions
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Essential law: Liquidated damages, part four
Continuing our series on the basics of construction law, Chris Hadnutt considers whether liquidated damages clauses survive termination of contractÂ
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Navigating the steel crisis: contractual considerations
How can contractors mitigate the impact of materials shortages?
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Beware the legal differences when using MMC
Standard construction contracts are often unsuitable for MMC projects, so housing providers should have the right protections and agreements in place
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Challenges to adjudication: keep it plain and simple
Any challenge to a purported right to adjudicate must be plain, specific and certain if it is to succeed in court