Legal – Page 6
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CommentForce majeure in the context of war
What contractual clauses may apply where the Ukraine war has detrimentally affected a construction project, whether directly or indirectly?
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CommentA protocol for operational BIM
Unpacking the new digital data management protocol for the operational, rather than delivery, phase of a building’s lifecycle
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CommentHow will the war in Ukraine affect materials supply?
Renewed disruption to global supply chains will require construction firms to take mitigatory steps
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CommentLegal abroad: Doing business in Chile
Our series on foreign jurisdictions: green infrastructure opportunities must be weighed against the uncertainties of a new political direction
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CommentBeware the new biodiversity burden for developers
Requiring all new schemes to provide a net gain in biodiversity will add cost and complexity
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CommentA key ruling on payment claim time bars
Hirst vs Dunbar considered whether the Construction Act’s payment provisions affect the limitation period for payment claims
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CommentPlease stop arguing with the arbitrator
The courts are pushing back against losers’ attempts to challenge arbitration rulings on dubious procedural grounds
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CommentSettle now or later? Why the final account stage needs more attention
Given the benefits of holding fire, contracts should make more provision for resolving all disputes at the final account stage
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CommentEssential law: Defects, part two
In the second article of the essential law series to look at the topic of defects, Jane Burrows explains when a defect could prevent practical completion as opposed to just being a snagging item
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CommentCase in focus: Readie Construction Ltd vs Geo Quarries Ltd
A case in which the contract terms required full payment for defective goods
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CommentLearning from Grenfell: collaborative procurement to support building safety
New government guidance will help implement Judith Hackitt’s recommendation of a more integrated, less adversarial approach to construction
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CommentThe Leasehold Reform Bill: a misplaced eye on developers
Limiting a ground rents ban to new-builds seems oddly aimed at housebuilders, who for the most part have modified their practice on this anyway
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CommentThe fury of a homeowner
Tony Bingham is alarmed by an MP’s draconian suggestions for regulating domestic building works – and has a much better idea
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CommentSmart contracts: automating weather clauses
A project to automate NEC compensation clauses is breaking ground in smart contracts, writes Jim Mason
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CommentDesign liability could be wider than you think
A recent case suggests courts plan to give maximum leeway for developers seeking redress from designers
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CommentCorruption in construction: it isn’t always obvious
Anita Clifford advises firms to implement robust measure to combat fraud and bribery even in its most subtle forms
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CommentThe year ahead in construction law 2022
Sheena Sood previews what 2022 will hold for the construction industry from a legal point of view
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CommentCan you skip the adjudication step?
A health board’s right to raise a court action against its contractors was challenged on the grounds that the contract required adjudication be undertaken first. Shona Frame and Kathryn Moffett unpack the implications of the case
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CommentA new bill proposes to abolish retentions altogether
Another private member’s bill aimed at reforming payment practice in construction has more ambitious aims than its predecessors
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CommentResearch identifies the main causes of disputes
Toby Hunt and Helen Collie share the lessons from the latest Crux Insight 2021 analysis of project cost and time overruns, which found design issues are now the top cause of disputes