Legal terms explained: Concurrent delay

This is where a period of delay to completion of a project is caused by two or more factors, one of which is the contractor’s responsibility and one of which is the employer’s responsibility.

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Raising standards: how to write a standard form contract

Francis Ho of Olswangs, a joint author of the CIOB’s Complex Projects Contract suite, asks why standard form contracts remain so popular. Keeping them up to date and relevant is a time consuming but essential business, he says.

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State of play table 195

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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European Commission approves UK revised plans to support Hinkley Point nuclear power plant

On 8 October 2014, the European Commission announced that it has decided, under the EU state aid rules, to approve revised UK plans to subsidise the construction and operation of the new Hinkley Point nuclear power plant.

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Reports from the courts: December 2014

Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Jennifer Webb of Beale and Company, focusing on a ruling that shows the need for careful drafting of clauses granting rights to third parties; and one standing as a warning to make sure that liquidated damages claims are based on genuine pre-estimates.

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Insolvency defined

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Management Building Contract 2011 and is grateful that the clauses relating to assignment, third party rights and collateral warranties are little changed. In the event of a termination, take advice before applying the contractual provisions, he warns.

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FIDIC Yellow Book and judicial interpretation

James Pickavance and Kate Sanger of Eversheds analyse a recent court ruling interpreting the FIDIC Yellow Book with implications for both employers and contractors.

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Conclusivity in construction contracts

Michael Wheater of Hardwicke Chambers explains in what circumstances the courts will regard final certificates as conclusive evidence. The courts have a long track record of upholding conclusive evidence clauses and recent case law shows the importance of following correct procedure.

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The defences of set-off and abatement

A variety of defences are available against claims involving the use of set-off or abatement. Martyn Naylor of 4 Pump Court explains how several different types can be used in different circumstances.

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Adjudication heads east

Statutory adjudication has been a great success in the UK, where it was first introduced. Other jurisdictions are following the UK lead and introducing more flexibility to the process as Laura Coates of Clyde & Co reports.

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