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Reports from the courts: March 2011

In our regular round up of the court decisions of most relevance to construction, Professor Michael Furmston of Bristol University focuses on a dispute that highlights the potential pitfalls of amending standard form contracts.

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Incoterms 2010

Incoterms, or to give them their proper name, the International Commercial terms, are a series of international sales terms produced and published by the International Chamber of Commerce (ICC). They are widely used in international commercial transactions.

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State of play table: 158

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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State of arbitration

Guest Editor Ben Mellors of White & Case says that despite the growth of adjudication, arbitration remains a key dispute resolution mechanism. It should however not be regarded as a ‘like for like’ alternative to litigation.

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Legal terms explained: Dusting-off old claims – Watch the limitation clock

It is not uncommon for contractors to resurrect old claims that, in the good times, may have been ignored in the interests of preserving commercial relationships. Before incurring the cost of pursuing these claims, however, claimants should be aware of the basic rules of limitation.

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Revisions to the TCC Court Guide

In the latest in our alternative dispute resolution series Ed Freeman of Clyde & Co reports on guidance from the courts that offers further support for ADR.

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Defects – what are your rights?

Claims for defective work are becoming more prevalent, particularly in the current economic climate, but what are the contractor and employers’ rights and obligations? Louise Shiels of Dundas & Wilson explains.

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Risk transfer – the first hurdle

The duty of utmost good faith of both insurers and the insured has underpinned insurance for over 300 years. Insurance expert John D Wright of JD Risk Associates explains that the main onus is on the insured.

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Document retention

Gurbinder Grewal of HBJ Gateley Wareing reports on new obligations relating to e-disclosure which highlight the importance of effi cient document retention practices. The courts will take a dim view of those who can’t produce documentary evidence promptly.

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Tort on trial

Mark Lloyd-Williams and Michael Mendelblat of Herbert Smith examine recent cases which highlight the limits on the applicability of tort in construction cases.

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