Cover pricing in the construction industry

In the wake of the successful appeals against the level of fi nes imposed by the Office of Fair Trading for cover pricing, Guest Editor Simon Delves of Beale & Co argues that contractors might still have to adapt their mindsets to avoid future trouble.

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Legal terms explained: Expert evidence, the basics

Expert witnesses have an important role to play in dispute resolution. All the more so in construction disputes, where the disputed issues which will determine liability are often decided on the basis of expert opinion.

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News in brief: June 2011

Contractors might have to sign up to a charter to protect supply chains from unfair practices on public sector work as a result of changes in the way the government deals with major suppliers.

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James slams procurement

Public sector procurement practices for capital investment have been heavily criticized in the long awaited James Review of investment in schools.

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OFT considers appeals

The Office of Fair Trading was expected to launch appeals against at least some of the Competition Appeal Tribunal rulings that have reduced or wiped out cover pricing fines, as CL went to press.

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Injunction could stop abuse

A Technology and Construction Court ruling has highlighted the ability of the referring party to an adjudication to secure an adjudicator that it likes by withholding the serving referral documentation repeatedly until the adjudication lapses.

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James highlights flaws

Nobody involved in construction procurement expected anything other than a heavily critical report from the James Review on education capital investment (see News).

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A measure of success

In the latest in our alternative dispute resolution series Ed Freeman of Clyde & Co looks at the thorny issue of conditional fees in adjudication in the light of a recent case.

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Professional indemnity – pitfalls for the unwary

Insurance expert John D Wright of JD Risk Consultants highlights the plethora of exclusions that are commonly found in professional indemnity policies. Get professional advice on the implications, he urges.

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The scope of a consultant’s duty of care

Case law concerning the scope of a consultant’s duty of care and the use of expert evidence from parties that are no longer part of proceedings is examined by James Doe of Herbert Smith. Beware of consultants being able to escape liability for giving incorrect advice, he warns.

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