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Construction Law Guide to: The site

The latest in our regular Construction Law Guides series comes from Joanne Bennett of DLA Piper, who examines legal issues relating to construction sites, including access, responsibility for the site, unforeseen conditions and ownership of materials on site.

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Building Safety Act 2022: remediation orders and the implications for the construction sector

Pauline Lam of Russell-Cooke and Robert Bowker of Tanfield Chambers examine the first Remediation Order under the Building Safety Act 2022, which is expected to have significant implications for the construction industry.

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Breaking the Mould: Water Ingress Building Defects and the Scourge of Black Mould

Modern houses can be dangerous places to live, placing increasing stress on efficiently supervising construction. Philip Bambagioti of 3PB examines the potentially fatal consequences of failure to build to prevent black mould forming in the event of water ingress.

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Appeal court backs adjudicator’s decision

Stephanie Geesink and Dom Turner-Harriss of Watson Farley & Williams take a detailed look at a successful appeal against a Technology and Construction Court decision reported on earlier this year. No breach of natural justice was created when an adjudicator decided he was bound by an earlier adjudication decision, the appeal court ruled.

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Appeal court decision shows risks of bespoke contract terms

Cheryl Ferguson of Dentons UK and Middle East LLP provides a round up of recent decisions relating to adjudication. Among the conclusions to be reached is that there are very few circumstances in which an adjudication decision will not be enforced.

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Damage by Ground Movement

Insurance expert John D Wright of JD Risk Associates examines the issues surrounding damage to property caused by ground movement. Changing insurers can create problems he warns, as the effects of subsidence can continue over long periods.

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Boosting the appeal of London as a leading dispute resolution centre

Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP examine the Arbitration Bill which they say strikes a careful balance between reform and maintaining the Act’s reliable status quo.

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New and proposed legislation: State of play table 283

This table, prepared by Barrett Byrd Associates, 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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Legal terms explained: Expert evidence in construction disputes

Given their highly technical and complex nature, construction disputes very often involve expert evidence. In some cases, the outcome of a dispute will turn in large part on the expert evidence presented in the proceedings.

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Contractor Insolvency and the potential impact on a construction project

Guest Editor Karen Morean of Devonshires says insolvent contractors rarely survive, whichever type of insolvency procedure is adopted. Things could get worse, and she warns that suppliers might demand larger up front payments and offer short payment terms to reduce the impact of main contractor insolvency.

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