Take notice

Recent case law developments highlighting the risk of failing to issue proper notices when they are due are examined by Vijay Bange of Trowers & Hamlins. The courts are firmly upholding the principle of ‘pay now argue later’, he says.

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Supreme Court rules on overpayments

Louise Elmes of Fieldfisher examines the implications of a Supreme Court decision that is applicable to all contracts that come under the ‘Construction Act’. Successful parties in particular could be affected by it.

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Green Investment Bank to be privatised

The Secretary of State for Business, Innovations and Skills, Sajid Javid, has confirmed that that the government will proceed with plans to bring private capital into the Green Investment Bank (GIB).

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Developing claims and formalising the dispute

In the second of their three part ‘toolbox’ series on avoiding or managing disputes James Pickavance and Kathryn Coyne of Eversheds focus on the early stages including the decision of whether to proceed with a dispute.

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More transparency of contract terms needed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his examination of the new Construction (Design and Management) Regulations and highlights some areas that are difficult to see operating well in practice.

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Reports from the courts: October 2015

Andrew Croft and Simii Sivapalan of Beale & Company present our regular round up of the court cases of most interest to construction, including the first Supreme Court ruling affecting adjudication; and a Scottish Court of Session decision giving guidance on the incorporation of documents into a construction contract.

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State of play table 203

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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Retention redux

Guest editor Marion Rich, Director of Legal and Contractual Affairs at the British Constructional Steelwork Association, says the anti-retentions battle goes on, but that the moneys withheld need urgent protection against insolvency.

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Legal terms explained: Without prejudice and the interpretation exception

Without prejudice and the interpretation exception If a statement is made in a genuine attempt to settle an existing dispute (whether in writing or orally) then it is considered ‘without prejudice’.

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News in Brief: October 2015

A new online tender system has been launched in Northern Ireland to make it easier for companies to submit tenders for government contracts. The eTendersNI portal will be the principal source of information for public sector tender opportunities in Northern Ireland, replacing a previous portal, Sourcing NI.

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