Where human rights impinge on enforcement

Guest editor Shona Frame of MacRoberts says the uncertainty generated by a Scottish court acceptance of a challenge to an adjudication enforcement on human rights grounds may deter parties from using adjudication.

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Reports from the courts: June 2013

Our regular look at the court cases of most interest to construction from Will Buckby and Andrew Croft of Beale & Company focuses on an appeal court reversal of a high court ruling on a case turning on ‘good faith’; and another showing the difficulties of recovering money from employers when contractors are insolvent.

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Take care with checking

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Practice Note on tendering, looking at the sections detailing the importance of observing proper procedures if successful challenges from losing tenderers are to be avoided.

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Risk and responsibility in contracts

Insurance expert John D Wright of JD Risk Associates examines the often thorny issues surrounding the principle of subrogation which, although simple in theory, often gives rise to complex issues in modern business situations.

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Making a mark on construction

CE Marking for products is introduced to UK construction from 1 July and becomes law immediately. Oliver Brooks and Sarah Taylor of Pinsent Masons spell out the legal obligations that will be imposed and what the consequences for failure to comply with the new rules will be.

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Adjudication – one at a time please!

Digby Hebbard of Trowers & Hamlins warns that only very serious breaches of adjudication rules are likely to support successful challenges to decisions, as the Technology and Construction Court confirmed in a recent case.

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NEC heads East

Singapore based Tia Starey of Clyde & Co assesses the prospects for the spread of the use of the NEC suite of contracts in Asia. Adoption of a standard form construction contract in the region may not be that far away, she suggests.

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It’s not personal … it’s strictly business

Allocation of risk is a key factor in contract negotiation, which is often under appreciated, says Michael Conroy Harris of Eversheds in this analysis of the key factors to be considered. Different contract forms deal with risk differently, he warns.

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Red card for witness coaching

Ann Levin and Sean Whitham of Herbert Smith Freehills review recent cases that illustrate the dangers of taking an incorrect approach to preparing witnesses for court. Coaching is forbidden, but over preparation can also backfire, they warn.

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New arbitration guidance

In the latest of our series of alternative dispute resolution articles Alexander Whyatt of Clyde & Co examines the circumstances in which an agreement to arbitrate survives a contract becoming invalid or void.

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