Legal views – Page 24
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Slavery – construction needs to clean up its act
Current modern slavery laws fail to do enough to interrogate supply chain details, writes Francis Ho
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Legal: The scariness of vicariousness
The courts have held an employer liable for a rogue data breach by an employee – although the company broke no rules. James Bessey explains why
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Legal: Cost conscious
Steven Carey looks at how third-party funding and ATE insurance can help lighten the financial burden of litigation
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Pay first, adjudicate later: what an Appeal Court ruling means for the payment notice regime
Theresa Mohammed and Stephanie Geesink of Trowers Hamlins explain an important ruling on the payment notice regime
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Legal: In fear of favour
Tony Bingham pities an earnest expert witness who got the sharp end of the judge’s tongue for apparent bias – despite his good intentions
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A country manor house conspiracy
Shenanigans by two brothers fixing up a fancy house highlights the risks of working for undercapitalised companies
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In praise of mediation
Mediation is too often overlooked as a cost-effective method of dispute resolution
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Unravelling the intent
What happens if parties have created a contract as a result of an exchange of emails, but they have polar opposite views concerning the scope of works?
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Get it in writing before work starts
Failing to execute a formal contract risks severe exposure in the face of a defects claim, warns Christopher Filor
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Is the ICC target cost contract ready to compete with NEC?
Ian Yule explains the recently released ICC target cost contract and weighs it against its main rival as an engineering contract, the NEC
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Legal: How to offset the risks of offsite
In the seventh part of our series on new technology, Maeve Gantley explains how offsite manufacturing brings specific risks that need to be covered by the contract
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Legal: a matter of principle
Lindy Patterson on how even if the employer is partly responsible for a delay in completion, the contractor may be liable for liquidated damagesÂ
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Legal: Be careful what you wish for
Victoria Peckett describes a case where a strategy to push a contractor into insolvency to resolve a dispute seriously backfiredÂ
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Case in focus: Adjudication
Ted Lowery on the impact of an arbitration clause upon a Part 8 application
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NEC – stick to the plan
The NEC demands a devoted approach in its parties – but follow the contract closely, and everything should go smoothly
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Legal: Professional experts beware
Expert witnesses can be sued for negligence or parties hit with adverse costs if they fail to fulfil their duties correctly
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Legal: Back of the net
Net contribution clauses apply to all a consultant’s obligations under that appointmentÂ
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It’s time to amend the public contracts regulations on payment terms
Softly, softly approaches to changing bad practice do not work in the construction industry, says Rudi Klein
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Bulwarks against Brexit: assessing its impact on existing construction contracts
David Hansom advises on how to make your construction contracts Brexit-proof