Legal views – Page 62
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Employment law: The modern apprentice
There is new legislation designed to boost support among potential employers for apprenticeships. We look at how this affects apprentices’ employment status
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Delays: A likely story
Deciding whether a party causing a delay was responsible for the fall in the market value of a property boiled down to whether that loss was ‘not unlikely’
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Nasty, brutish and short
A sad tale of what began as a house extension but ended up involving fraud, personal liability and a murder charge
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Reducing an adjudicator's award
If an adjudicator tells you to pay up, can you issue a withholding notice and demand a big cheque instead? Tony Bingham examines a recent judgment
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Procurement: Old ways are the best
Two surveys on construction procurement show that although the traditional and design and build routes are still favoured, there’s plenty of scope for refinement
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IChemE contracts: All part of the process
The IChemE contracts covering procurement for chemical process plants have had their first update in years, bringing some important modifications
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Adjudication: The Jitter Bug
Can the loser of an adjudication refuse to pay if they’re nervous the money may disappear – never to be seen again – into the winner’s debt pile?
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A lawyer’s privilege
Only legal advice given by a lawyer is exempt from disclosure requirements, according to the Supreme Court. But parliament will need to make a final decision
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Power projects: Dealing with defects
How and when defects in power projects are corrected depends much on the exact terms of the contract
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The presumption of regularity
Challenges to an adjudication in a Scottish court demonstrate the difference between an adjudicator and a lawyer – an adjudicator can act on gut instinct
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Who's best for BIM?
Appointing a BIM manager early on a project is important to gain maximum benefit and avoid disputes. Is there already someone on the team who could take the job on though?
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Small debts claims: Click and collect
Pursuing money owed can be a complex – and costly – business. But there is a simple way to make claims online
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Pension benefits: Retiring types
Employers are now obliged to auto-enrol ‘eligible jobholders’ into a pension and pay contributions on their behalf. It amounts to a 3% hit on your payroll so you need to prepare
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Shard wars
A top team of construction folk was assembled to build London’s iconic building, but a Dispute Adjudication Board might have prevented a 12-day High Court bust-up
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Concurrent delays and extension of time
What happens when delays have been caused equally by client and contractor? Here are some thoughts from John Marrin QC
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How to force your adversary to reveal all
Crushed by claim files and in fear of the adjudicator? Just hope you remembered to include a contract clause that will force your adversary to reveal all
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Keep it local
How can construction invest in local communities without violating EU regulations? ConstructionSkills and Trowers Hamlins have produced guidance
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A stitch in time
It’s best to serve payment and pay less notices on time, especially in a climate where insolvency is common
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Sustainability: Do the 'decent' thing
‘Championing sustainability’ sounds like a lot of boring corporate good intentions. But apparently it entails treating your clients and colleagues with respect
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The 2013 legal calendar
What legislative and regulatory changes are due to take effect in 2013? Here’s a list to look out for over the coming year and their likely impact