Legal terms explained: Misrepresentation

In simple terms, misrepresentation occurs when the defendant fraudulently, negligently or innocently makes inaccurate representations to the claimant, upon which the claimant relies to its detriment.

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Is BIM winning hearts and minds?

Guest editor Michael Conroy Harris of Eversheds takes a lawyer’s look at the current vogue for Building Information Modelling. Although there has been no litigation surrounding it in the UK so far, cases are likely to depend heavily on expert evidence, he suggests.

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The UK Green Investment Bank

On 17 October 2012, the European Commission announced that it approved the public funding of £3 billion granted by the UK for the creation of the world’s first Green Investment Bank (GIB) under art 107(3)(c) of the Treaty on the Functioning of the European Union (TFEU).

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State of play table 176

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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Reports from the courts: December 2012

Our regular round up of court decisions of the most relevance to construction by Andrew Croft and Will Buckby of Beale and Company focuses on an appeal court ruling that means fitness for purpose warranties might not be implied into contracts for both supply and fitting of goods.

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Writing needs brought to account

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Project Bank Accounts documents. Some of the writing could do with a makeover, he suggests.

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No enforceable decision, no fee?

Jonathan Lewis of 4 Pump Court examines an appeal court ruling that adjudicators are not entitled to be paid when they act without jurisdiction or in breach of natural justice. Expect an improvement in adjudicators’ standards, he suggests.

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The perils of popcorn making

Tom Pemberton of Beale and Company analyses the implications of an appeal court decision concerning when fitness for purpose obligations will be regarded as implied in contracts for the design, supply and installation of goods and materials.

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Be wary of service failure allegations

In this examination of the legal basis for the increasingly frequent unavailability deductions being levied on PFI/PPP projects, Colette Morgan-Ford of Pinsent Masons says authorities should be wary of arbitrary application of contract payment mechanisms.

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Judges tiring of the inexpert

Judges are increasingly intolerant of the performance of expert witnesses who don’t come up to scratch. Ann Levin and Sean Whitham of Herbert Smith Freehills review recent cases where the role of experts has been criticised.

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