All Legal articles – Page 18
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Early neutral evaluation: Get a jump on the outcome
A new kind of ADR, called early neutral evaluation, aims to give parties an idea ahead of time about which way a dispute will goÂ
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Tall tower procurement
Jill Hamilton considers what procurement approach is best for the construction of tall buildings in the light of the Hackitt report
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Can subcontractors raise the same claim twice?
Having raised a claim at an earlier stage does not necessarily entitle a subcontractor to raise the same claim later
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Don’t let HS2 send you off the rails
With HS2 up in the air, it’s wise for those in the supply chain to review their contract position ahead of possible cancellation
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Legal abroad: Doing business in Dubai
Beginning our new series on the legal issues to consider when operating abroad, Alain Farhad, Mark McMahon and Ali Auda look at DubaiÂ
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Don’t you dare miss a step: mediation and arbitration
Does a mediation clause in the contract make it unlawful to proceed directly to arbitration, even after termination?
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Case in focus: Martin vs McLaren Construction Ltd
Ted Lowery considers an unsuccessful call on a personal guarantee
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Conditions precedent in building contracts
What are conditions precedent meant to require from a contractor in a claim for extra time or money?
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Solar panels have a right to light
Overshadowing of solar panels has been ruled to be a material consideration in planning
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Construction contract mistakes: That wasn’t quite what we meant
When rectifying contracts to fix drafting mistakes, what happens if the parties disagree on what was meant?
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Willmott Dixon and Hackney row over defects on resi block
Contractor’s housing arm Willmott Partnership Homes disputes ‘many’ of council’s claims
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Reverse VAT is a backwards step
Reverse-charge VAT is an awful idea – subcontractors depend on the taxation time-line delay to ease their cash flow
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Force majeure: Use with caution
Liability exclusion or force majeure clauses don’t always work as intended, so draft your contract carefully, says Stephanie Canham
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Legal: Beware the adjudication time bar
The first court decision to apply the NEC time bar for non-Construction Act disputes is revealing
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Legal: A contract means what it says
Robert Akenhead explains how a literal interpretation of wording sent a contractor’s argument off the rails in a case on disallowed costs
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Parent companies beware: you may still be liable
A cautionary tale for companies with subsidiaries operating overseas
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A new model for mediation?
Hot on the heels of TeCSA’s low-cost mediation service, the CIC has included a fixed-fee option in its new model agreement
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Second law firm begins action over Lendlease share fall
Price plunge triggered by woes at engineering business
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Double your money or bust: Beware of retention of title clauses
These can leave a contractor paying twice for materials if a subcontractor goes bust
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Case in focus: TQ Delta LLC vs Zyxel Communications UK Ltd & Anor
Ted Lowery considers the lessons of an application to substitute one expert for another