Court provides masterclass in application of contract provisions to provide a fair result

Chris Bryden of 4 King’s Bench Walk and Georgia Whiting of Ardmore Group analyse a Court of Appeal case centring on the whether an “unusual and surprising” dispute resolution clause in a construction contract was enforceable. The court decided that it wasn’t, underlining the importance of careful drafting.

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The issue of set-off – no one size fits all

Karen Gough of 39 Essex Chambers examines the use of set-off in an attempt to frustrate the enforcement of an adjudicator’s decision in a recent case. Numerous cases support the view that this tactic will not work, yet the attempts continue.

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The extraordinary story behind the TCC

Dr Laura Lintott, Counsel at Watson Farley & Williams LLP, discusses the story behind the Technology and Construction Court, how and why it came about.

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Peace of mind can be hard to come by

Insurance expert John D Wright of JD Risk Associates advises that the insured have a responsibility to act as carefully as they would if they had no insurance cover at all. Other responsibilities will mostly be specifically set out in the policy, and strictly complied with.

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Expert appointments demand expert drafting

Our latest alternative dispute resolution series article from Cheryl Ferguson of Dentons UK and Middle East LLP reports on rare court guidance on the appointment of an expert.

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New and proposed legislation: State of play table 280

This table, prepared by Barrett Byrd Associates, 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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Legal terms explained: Prolongation Costs

Prolongation costs are typically claimed by a contractor against an employer where the completion of a project has been delayed by the employer or an event at the employer’s risk (an ‘Employer Risk Event’), and the contractor has incurred additional costs and/or loss that it would not otherwise have incurred.

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Fourth demolition Director disqualified for cartel behaviour

A fourth demolition sector company director has been disqualified following the the Competition and Markets Authority’s (CMA) investigation into illegal cartel behaviour.

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Judicial review challenge to road project rejected

Construction of a £950 million road project in Cambridgeshire is to go ahead following failure of a legal challenge in the appeal court.

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Directors jailed after five men died in wall collapse

Two company directors have been jailed after a wall collapsed killing five men, and their companies have been fined a total of £1.6million and ordered to pay £775,000 in prosecution costs.

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