Legal – Page 3
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Comment
Clarity on time-bars in adjudication
A new ruling sheds light on the Limitation Act’s application to adjudication proceedings
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Termination: how to get it right
A recent case on termination under contract and at common law provides guidance on complex post-termination disputes
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Party on down: why the Party Wall Act doesn’t stand up
The Party Wall Act is not fit for purpose, as a recent dispute between Dagenham neighbours makes only too clear
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MMC and the Building Safety Act
Offsite construction dovetails nicely with the new legislation’s provisions for tall buildings
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Double trouble: parallel process and adjudication
A contractor took its subcontractor to court halfway through an adjudication on the same issues. Then things got complicated
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Decoding force majeure terms in contracts
A recent ruling has implications for the drafting and interpretation of force majeure and reasonable endeavours terms
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Essential law: Termination, part two
As part of our essential law series, Carolyn Davies looks at what must be done when terminating a contract in order to avoid arguments and counterclaims
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Case in focus: St James’s Oncology SPC Ltd vs Lendlease
A claim involving Lendlease Construction (Europe)
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Never overlook the impact of price volatility when entering a contract
In a climate of strongly fluctuating prices and pressure on supply, provision for such risks must be factored into the contract
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If mediation drags on, don’t blame the referee
Day-long mediation can simply be too stressful an environment to produce a good result. But what’s to be done?
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Risk and responsibility: unpicking the first post-Grenfell court decisions
Recent High Court decisions suggest contractors will struggle to successfully challenge the costs of an implemented and effective remedial cladding solution
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A new dawn for onshore wind?
After some policy zig zags, the government is moving towards a commitment to wind farms on land, not just sea
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Comment
Expect an uptick in disputes this year as economy worsens
Tougher operating environment will drive a less collaborative approach, but there are strategies to minimise the risk of conflict
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How can developments meet the new rules on nitrate and phosphate pollution?
Emma Honey and Ben Sharples provide a guide to nutrient neutrality requirements
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Why it is important to consider solar panels in planning applications
Photovoltaic panels have a right to light, so planners will want to see that any on neighbouring properties have been taken into account
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Concurrent delay: get your retaliation in first
A recent case demonstrates an altered approach to concurrent delay that moves away from the ‘first in time’ approach
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Comment
How post-Brexit visa rules are affecting immigrant worker sponsorship
The points-based system has made a wide variety of construction roles eligible for company sponsorship, not just highly skilled positions
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What will 2023 hold for construction law?
Sheena Sood previews the year ahead in construction law, with ongoing economic uncertainty likely to mean increased disputes
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Comment
Seeking changes to consented schemes can jeopardise planning approval
A Supreme Court ruling on planning permissions underlines the importance for developers of being clear about their plans from the outset
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Comment
Case in focus: Solutions 4 North Tyneside Ltd vs Galliford Try Building 2014 Ltd
A dispute over the scope of the construction contractor’s obligations in a PFI project