Legal Comment – Page 47
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The doctrine of frustration
What effects would the outbreak of war on the international construction market?
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Turning the light off
Goldman Sachs’ proposed headquarters is being hindered by two right to light disputes. But should the City of London Corporation use its powers to override these rights?
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New housing standards on the way
National standards are part of the government’s drive to cut costs, but will there be other consequences?
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ICC form: The Latest Model
A second edition of the ICC form – aimed at infrastructure projects – is on the horizon. But how much of an improvement over its predecessor is the consultative edition?
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LADs: Sharing the pain
Recent cases may prompt employers to increase the liquidated damages they seek from contractors, who in turn may be more inclined to pass them down to subcontractors
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Variation clauses: At your discretion
Variation clauses allow employers to alter works part way through a project. But they can lead to unfairness if a contractor has to act without waiting for instruction
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Scotland: Another country
Scotland may still be part of the United Kingdom, but the extra devolution promised by all three main parties will have consequences for those contracting north of the border
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When setting-off isn’t letting off
There are circumstances where the paying party may avoid settling an amount awarded by an adjudicator using set-off
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Construction Act: Pay back time
Moves to speed up payment for the supply chain may have tipped the balance too far the other way and some subcontractors are cashing in
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Liquidated damages: The unlikely LADs
A court struck down a liquidated damages clause because when the value of the contract was reduced, it became disproportionate and ‘unconscionable’
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Collaborative working: Age of the team players
The industry has a number of tools to help focus collaborative working. So, is partnering still the future of construction?
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Chain of indemnity
A look at a case where an indemnity clause was found to be applicable despite the beneficiary being at fault
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For all practical purposes
A case on the familiar topic of a professional’s duties in certifying practical completion
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Learning to get ahead of the game
Stereotypical substandard student accommodation is changing
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Risky business
More than 80% of the industry complain that contract obligations are becoming too complex. But guarding against risk early on could save money
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Payment abuse: Won’t pay, must pay
Don’t underestimate the challenge. It’s time to beef up the Payment Charter
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Let’s talk about it
A High Court decision says parties to a dispute may be obliged to first to enter into friendly discussions
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The cost of avoiding disputes
Can we learn from earlier arrangements to reduce disputes later?
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Why did you sign that?
Identifying who is liable if that dream property purchase turns into a nightmare can be difficult
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Another brick in the wall?
There are contractual solutions to guard against building material shortages