Don’t trip over your footnotes

Contracts monitor Michael Phipps, Principal of Thurston Consultants, begins his scrutiny of the new version of the JCT Minor Works Building Contract. Much useful detail is revealed in footnotes, so be careful not to miss them, he urges.

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No get out of jail free card

Concurrent delay issues seldom arise but cause complex debate when they do. Michael Sharp and Emma Kurtovich of Herbert Smith Freehills analyse a recent case showing the importance of establishing causation.

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Expert evidence and construction claims

Digby Hebbard and Douglas Simpson of Fladgate LLP take an overview of the role of expert witnesses in construction disputes, providing practical advice on their selection and management. Neglect of either of these could be costly.

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Court clamps down on ‘smash and grab’

Akin Akinbode and Krystal Williams of Dentons discuss key cases that provide lessons in respect of the payment process. Smash and grab approaches will not always work, they warn.

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Oral contracts and oral variations

Oral contracts, part-oral contracts and variations can throw up difficult issues for adjudicators, raising the prospect of jurisdictional challenge when the existence of a contract is disputed. Frances Garratt of CMS explains the lessons to be learned from recent cases.

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Risks of occurrence in liability insurance

Insurance expert John D Wright of JD Risk Associates examines potential pitfalls from using words in policies that can have alternative meanings. Even the meaning of a word like ‘occurrence’ can be disputed.

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Whose plant is it anyway?

Inconsistent provisions in contracts frequently bedevil the question of who owns goods like construction plant on site. Catherine Piercy and Aileen McErlean of Hardwicke Chambers urge close attention along the supply chain to who actually has title.

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Adjudicating a final account

Our latest alternative dispute resolution series article from Chris Leadbetter of Clyde & Co examines an important court ruling affecting adjudication.

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Arbitration market share under threat

Arbitration is the least heard of dispute resolution method, although it is the preferred method when many large scale projects go wrong, either technically or commercially. Confidentiality goes hand in hand with arbitrations of course, so little is heard of their outcomes.

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State of play table 215

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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