Adjudicator not bound to accept answers

Stephen Radcliffe of Walker Morris LLP reviews a recent case dealing with jurisdiction and natural justice arguments, in which the court also commented on serial adjudications, severance of decisions, and the use of ‘catch all’ provisions in notices of adjudication and referral notices.

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PSA 2017: striking the right balance?

Jennifer Badham of Withers LLP looks at the new ACE Professional Services Agreement from an employer’s perspective. The new version doesn’t go far enough to strike a balance between the interests of consultants and their clients and funders, she concludes.

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Minimum acceptable performance levels

Failing to meet performance related criteria can lead to termination of contracts, so clauses need careful drafting, and reading. Suriya Edwards of Geldards LLP reports on a case that offers a guide to how the courts will interpret contracts containing performance clauses.

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When is damage not a defect?

Insurance expert John D Wright of JD Risk Associates explains the cover available for defects, which insurance companies as a rule do not feel they should be liable for. Claims can be affected by details of what is insured damage and what is a defect.

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Injustice not to be simply assumed

In our latest alternative dispute resolution series article Rupert Coldwell of Clyde & Co LLP examines an attempt to remove arbitrators for allegedly failing to properly conduct proceedings.

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Reporting payment practice

From the beginning of April this year, large business (which meet certain criteria) are required to report their payment practices, policies and performance.

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New and proposed legislation: State of play table 221

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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Legal terms explained: Frustration and force majeure

The doctrine of frustration Lord Radcliffe stated in Davis Contractors v Fareham UDC [1956] AC 696

‘Frustration occurs wherever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract.

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NEC4 suite of contracts launched

The new NEC4 suite of contracts was formally launched in June at the NEC Users’ Group Annual Seminar in London. NEC4 is an evolution of the successful NEC3 and has been designed based on feedback from users and industry as well as emerging best practice and government priorities.

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Five more defective schools found in Edinburgh

Building defects have been discovered at five further schools in Edinburgh, a city council representative has revealed to MSPs as part of an inquiry into the safety of school buildings in Scotland.

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