All Legal articles – Page 99
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Comment
Refusing to mediate can be costly
If you refuse to mediate and the court deems this unreasonable, you’ll need to give a good reason why or face the consequences
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HSE launches new construction site clampdown
Health & Safety Executive warns safety of staff working ‘at height’ will be a prime focus of latest drive
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Know your novation: What's changed?
Novation may be a familiar story but don’t get complacent about it - there’s an unexpected sub-plot with hidden traps set by the Construction Act
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BIM and legal issues: Model behaviour
BIM could throw up all kinds of legal issues around liability when a project goes wrong. A clear implementation plan is needed from the outset
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Carillion admits partial fault in Ocado case
Contractor concedes that mistakes were made but suggests that the supermarket made matters worse
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Adjudicators 'taking the initiative'
Adjudicators on construction cases are allowed to ‘take the initiative’ to establish the facts but straying too far from the path can have severe consequences
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40% of commercial buildings fall short of green standard
Study of over 1,000 buildings finds energy requirement from 2018 will decrease many buildings’ value
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Comment
Could Cala row prompt further planning guidance?
Ian Ginbey argues that Eric Pickles’ latest defeat may have repercussions across the planning system
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Pickles admits defeat in Cala legal challenge
Communities secretary won’t fight claim he acted unlawfully in planning decision
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Innocent contractor dragged into Museum of Liverpool court battle
High Court defence wrongly points finger at Dorchester-based firm which has never worked “north of Southampton”
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Comment
Payment under NEC3: Project managers' interim assessments
This recent case highlighted the fact that interim assessments of valuations are generally valid - until proven otherwise
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Comment
Legal disputes: The Olympics and Wembley
The notable lack of disputes on Olympic projects has been down to the openness of dialogue and willingness to share and exchange documents. If only Wembley had done the same
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Informal legal advice: Breaking the 11th commandment
Judges will condemn any adjudicator who breaks the 11th commandment and asks a lawyer for advice on a case but doesn’t formally declare it
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Man at centre of RICS probe lands job at rival
Chartered Institute of Arbitrators employs Wajid Khan, who RICS accuses of ‘inappropriate behaviour’
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AEW hits back at Museum of Liverpool in High Court
Architect’s defence against £3.5m claim for defects says museum overreacted
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Comment
Challenging the methodology of an adjudicator
The judge took a dim view of this adjudicator adopting a different methodology to calculate a claim to that used by the parties involved, and his decision was not enforced
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Comment
Shepherd vs Pinsent Masons: What a carry on
You may hope that a long relationship with a law firm will ensure continuity of service. But if the firm merges or becomes a new legal entity, then watch out for what changes
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Comment
Legal issues with electronic documents
Lawyers are increasingly dealing with electronic documents. But for this data to have any authority, it needs to be carefully stored and managed
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Comment
The ICE Conditions of Contract: An old friend
The ICE Conditions of Contract has been spruced up and given a new name. It may be no more fathomable than its precessor but at least it won’t bite you where it hurts