Legal – Page 42
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Sour taste of a sweetener
A recent case reminds those operating in the construction industry of the risks of bribery, and provides insightful guidance on how to mitigate bribery risk
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Clarity begins at home
A recent case that revolved around a party’s liability in relation to asbestos has highlighted once again the importance of clear contract drafting
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Risky business
The housing sector is increasingly turning to the EU Open Procedure to procure R M contracts. But does this leave the process open to challenges from disgruntled bidders?
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Raising the time bar
Time bar clauses can provide a defence against claims for additional time and money. But when are they enforceable and why do two particular cases seem to show very different results?
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A date with destiny
A court has ordered that building obligations must be performed ahead of the contractual completion date – it should ensure contracting parties fulfil their side of the bargain
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Contracts: Teetering on the breach
In this case from the oil and gas industry, a contractor tries to recover costs for its own negligence
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Hong Kong SOPL: Security measures
Hong Kong is planning to introduce security of payment legislation. A proposed model for it gives an idea what the final reform may look like
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Pre-action protocol: Room for improvement?
The TCC pre-action protocol is due for review – but do solicitors working in construction law think it needs major change?
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News
Balfour loses out in £23m hotel project dispute
Contractor loses High Court judgment on payments from developer of scheme near London’s O2 Arena
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Comment
Testing trials
Two new schemes being tested could offer cost savings on selected construction law cases
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Oral agreements: Rob Purton t/a Richwood Interiors vs Kilker Projects Limited
Before Mr Justice Stuart-Smith. Judgement delivered 16 September 2015
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Adjudication: Muddling through
A messy contract need not stop an adjudicator deciding the dispute – as long as they have jurisdiction
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Better safe than sorry
New guidelines give clear and consistent guidance on health and safety offences – including corporate manslaughter
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Insolvent abuse
Insolvency during the course of a building project is one of the sector’s grim realities. What contract provisions are there to provide protection from another party’s insolvency?
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Payment and insolvency: Wilson and Sharp Investments Ltd vs Harbour View Developments Ltd
Before Lady Justice Gloster, Sir Colin Rimer, and Lord Justice McCombe. Judgement delivered 13 October 2015
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News
Spanish contractor ordered to pay John Sisk & Son £10m
Duro Felguera defeated in High Court after disputing adjudicator’s decision on civils contract row
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Comment
Development hotspots: In the city
Developing around existing infrastructure in prime city locations can be a challenge: from building in docks to working around busy transport hubs. Good planning and legal advice are needed
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Payments: Fair dues
When administering payments under a construction contract, it is wise to follow its terms strictly and to remain vigilant - or end up paying more than you owe
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News
ISG takeover battle extended
US investor Cathexis struggles to attract shareholder support for £71m takeover