All contract terms articles – Page 2
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Case in focus: BDW Trading Ltd vs Lantoom Ltd
A judgment concerning defective stone supplied for a residential project
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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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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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Comment
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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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
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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Mitigating supply chain insolvency risk
Careful contract negotiation can limit the potential damage from insolvency in a construction firm’s supply chain
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Power is shifting to subcontractors
With suppliers in a better position to call the shots on contract terms, the industry must recalibrate its approach to risk management
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The dangers of letters of intent
An agreement to mobilise the contractor early can be documented in a letter of intent, but beware the pitfalls
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Comment
Contract clauses for the climate
The Chancery Lane Project brings together lawyers to draft contract clauses that incentivise climate positive practice
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Designing conflict avoidance into contract terms
To reduce the risk of legal disputes requires greater care and collaboration in contract drafting – such as by adopting the RICS Conflict Avoidance Pledge
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Adapting contracts for price volatility
Peter O’Brien explains how contract terms can be used to share inflation risks fairly
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Rolling out project bank accounts in JCT contracts
Project bank account provisions are now available for all JCT contract suites – improving cash flow through the industry
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Comment
Force 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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Comment
A 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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Comment
Settle 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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Comment
Case 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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