Legal views – Page 2
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CommentWhen does a party’s insistence on using preferred adjudicators shade into the risk of bias?
When does a party’s insistence on using preferred adjudicators shade into the risk of unconscious or perceived bias?
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CommentWhat’s in the Arbitration Bill?
Steven Carey explains the amendments to the Arbitration Act 1996 that are set to come into effect later this year, and their likely effects
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CommentLegal abroad: Doing business in Kenya
Our series on operating under foreign jurisdictions turns to Kenya, where a familiar legal system and language, and strong dispute resolution processes make for good opportunities
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CommentBuilding safety case reports explained
The requirement for principal accountable persons to prepare safety case reports under the BSA has now come into force. How can this best be done?
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CommentPlanning rules relaxed for wave of mini nuclear reactors
With small modular reactors – which can be built quickly offsite – seen as the future of nuclear, the government wants to simplify the relevant planning process
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CommentProfessional liability may extend further than consultants think
A recent case clarifies what kinds of claims can be made against consultants if they fail in their duties, writes Theresa Mohammed
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CommentRuling means court-ordered alternative dispute resolution extends beyond construction contracts
The appeal court has ruled that parties in any kind of dispute – not just construction – can be court ordered to use alternative dispute resolutions (ADR), explains Tony Bingham
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CommentNew ruling says late payment may not be grounds for termination
Cash flow is likely to worsen for contractors and subcontractors following a TCC judgment clarifying termination rights relating to late payment
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CommentAdjudication: how did it all get so complicated?
Tony Bingham looks at an ordinary adjudication of mind-bending complexity and wonders how this haas become the new norm
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CommentWhat to do if your contractor is in financial difficulty
Louise Garcia sets out the considerations, options and precautions a client can take if a main contractor’s finances look wobbly
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CommentThe construction year ahead: what can we expect in 2024?
Sheena Sood previews the year ahead in construction law, with some major legislative, contractual and policy changes looming
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CommentHow a new model law can provide oven-ready adjudication
Tony Bingham salutes the new ISAF model law on statutory adjudication, which is designed to be adopted by any country
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CommentHitting the high spots: 2023 in construction law
The legal highlights of 2023 include a case on a high-up viewing platform and a new regime for high-rise residences
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CommentNavigating NABERS
The shift to performance-based environmental rating systems such as NABERS UK presents several contractual challenges
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CommentDeliberate landbanking by housebuilders is a myth
The suggestion that housebuilders deliberately landbank is, to put it bluntly, poppycock, writes John Wallace
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CommentThe top causes of UK disputes? Incorrect design and poor workmanship
While research reveals design errors are a top issue globally, the UK is unusually prone to poor workmanship disputes – but has fewer claims related to project management
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CommentReport on adjudication reveals growing popularity but also demand for change
A new report on statutory adjudication reveals most survey respondents want redacted decisions published and a quarter suspect adjudicator bias
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CommentAdjudication: it isn’t always pay now, argue later
The loser in an adjudication case can seek a stay of payment if it plans to appeal and the winner is financially unstable
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CommentPFI project handbacks to the public sector – what we’ve learned so far
The first wave of handbacks give clear pointers for the rest of the PFI projects due to be handed back over the next few years
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CommentDefining ‘without predudice’ in construction contracts
The case of AZ vs BY casts light on the principle of without-prejudice privilege and its importance