Because I’m worth it?

Vijay Bange of Trowers & Hamlins analyses the impact of the recent appeal court ruling that adjudicators are not entitled to their fees if they have breached natural justice rules. There may be scope to extend the ruling to any unenforceable decision.

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Indemnity – simple only in theory?

Insurance expert John D Wright of JD Risk Associates considers the principle of indemnity as it is used in insurance law, examining some landmark cases that shed light on how the courts will decide on what sums to award.

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Better the devil you know

The NEC has proven to be a great success in the UK and is being used internationally as well. David Jones of Pinsent Masons asks whether the NEC could come to supplant FIDIC in popularity.

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Competition and construction materials

Cartel damages claims are beginning to bite the construction industry, warns EU and competition law specialist Rebecca Owen-Howes of SNR Denton. The cement market has been particularly scrutinised across Europe but other markets are now coming under the spotlight.

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Insight into arbitration

In the latest article in our alternative dispute resolution series Alexander Whyatt of Clyde & Co examines the results of an arbitration survey that might inspire some to question their accepted practices.

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State of play table 177

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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Priority School Building Programme (PSBP)

The Education Secretary announced on 24 May 2012 that 261 schools will be rebuilt, or have their condition needs met, through the PSPB.

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Legal terms explained: Implied terms

When a contract does not contain a term which a party needs to effectively manage the contract, they often turn to implied terms. Such terms can also derive from statute where legislation provides for terms to be implied into contracts even if not expressly set out in them.

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Legal terms explained: Misrepresentation

In simple terms, misrepresentation occurs when the defendant fraudulently, negligently or innocently makes inaccurate representations to the claimant, upon which the claimant relies to its detriment.

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Is BIM winning hearts and minds?

Guest editor Michael Conroy Harris of Eversheds takes a lawyer’s look at the current vogue for Building Information Modelling. Although there has been no litigation surrounding it in the UK so far, cases are likely to depend heavily on expert evidence, he suggests.

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