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Care needed with settlement terms

In the first of a two part article, Holly O’Brien, Matthew Shotton and Shaun Livingston of Berrymans Lace Mawer draw on recent cases to provide guidance to those preparing final account agreements and otherwise settling claims outside of formal proceedings.

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Boost for transparency and trust

Project Bank Accounts look like looming large on public sector projects although their legal basis has yet to be examined in court. Tony Dymond and William Glynn of Herbert Smith highlight potential pitfalls.

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Legal privilege – are you covered?

Andrew Jones of SNR Denton reviews recent cases that have given guidance on whether legal privilege attaches to documents produced by experts and claims consultants; it might, but be careful not to inadvertently waive it, he warns.

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Product liability – is a building a product?

Insurance expert John D Wright of JD Risk Associates explains product liability risk, which should be of concern to designers and contractors as well as manufacturers of products used on a project.

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Construction disputes – market trends

Vijay Bange of Trowers & Hamlins takes a detailed look at the findings of the recent EC Harris study on construction disputes worldwide. The UK needs to respond to the revelation that failure to administer the contract properly is the most common cause of disputes.

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To withhold or not to withhold

The latest in our alternative dispute resolution series comes from Tia Starey of Clyde & Co who examines a recent court decision reinforcing the principle that attempts to avoid enforcement of adjudicators’ decisions by using set-off arguments will fail.

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State of play table 174

This table, prepared by Clyde & Co, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Government Construction Strategy one year on

One year following publication by the Cabinet Office of the government Construction Strategy, the Cabinet Office has published four reports on specific aspects of the strategy, including the ‘Government Construction Strategy: One Year On Report and Action Plan Update’ (the Report).

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Legal terms explained: Copyright

Copyright is a property right which subsists in the following descriptions of work; original literary, dramatic, musical or artistic works, sound recordings, films and the typographical arrangement of published editions (s 1 of the Copyright, Designs and Patents Act 1988 (CDPA 1988)).

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Time gets a 21st Century approach

Guest editor Charlotte Heywood of Olswang, who assisted the drafters of the new CIOB Complex Projects Contract, explains the thinking behind it. It is a radical attempt to manage time, delay and its cost consequences, she argues.

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