Recent cases on the rules of natural justice

Few challenges to the enforcement of adjudicators’ decisions succeed and the courts take a dim view of challenges based on technical defects, even where these exist. Ann Levin and Michael Mendelblat of Herbert Smith review recent cases involving appeals to natural justice.

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Putting limits on limitation

In this review of limitation Ruth Wilkinson of Dundas & Wilson warns that working out when a limitation period expires is seldom straightforward. A recent case now being appealed provides some guidance on how the courts view very short contractual limitation periods.

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LOGIC based oil and gas contracts

Hamish Lal of Jones Day examines the time bar clauses of some standard contracts in common use for marine construction. Those used to NEC3 and FIDIC forms will find significant differences.

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Concurrent delay and the prevention principle

The issue of concurrent delay has been brought to the fore by the Scottish case of City Inn v Shepherd Construction. Andrew Croft of Beale and Company analyses three recent English cases dealing with concurrent delay and the prevention principle.

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Change or pay the price

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Standard Building Contract With Quantities 2011. Behaving in old, familiar ways will give rise to costly disputes, he warns.

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Reports from the courts: January 2012

Our regular round up of the court decisions of most significance for construction from Will Buckby of Beale and Company focuses on the first reported judgment in relation to an adjudicator’s entitlement to fees where a decision has been held to be unenforceable as a result of a breach of the rules of natural justice.

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State of play table: 167

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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Reform of European insolvency

The European Insolvency Regulation (1346/2000/EC) (the Insolvency Regulation) has been in force since 2000. The European Commission has to evaluate the Insolvency Regulation and submit proposals for reform to assess its application in practice and identify areas where it can be improved before June 2012.

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Unwritten contracts create a minefield

Guest editor Kim Teichmann of Thomas Eggar argues that although adjudication is now open to parties without written contracts, the reform opens up the possibility of a number of new jurisdictional challenges.

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Legal terms explained: Fitness for purpose or reasonable skill and care?

As every lawyer knows, the common law imposes on a professional person a standard of reasonable skill and care (Bolam v Friern Hospital Management Committee [1957] 2 All ER 118). This means that the works must meet the standard of a competent professional.

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