Contracts and professional appointments
- Building contracts and contractors
- Engineering contracts
- General contract and boilerplate
- International construction contracts
- Professional appointments and liabilities
The wrong side of the tracks: indemnities and asset protection agreements
Senior associate, Adriano Amorese: "A client of mine (I'll call him Mr Bump) is procuring a large construction project in west London, adjacent to assets that are owned and operated by a major statutory undertaker (Mr Worry)."
London and Edinburgh disagree on the application of Article 1 of ECHR to judication
Director, Jonathan Cope: "In Whyte and Mackay, Lord Malcolm declined to enforce an adjudicator's decision... As I said at the time, I thought the English courts were unlikely to follow that decision..."
Arbitrations, agreements and alternative arguments
Senior associate, Craig Macphee: "The TCC's decision in The Secretary of State for Defence v Turner Estate Solutions Ltd provides yet another example of the courts refusing to interfere with the arbitration process and disturb an arbitral tribunal's award."
Adjudication: reversing the burden of proof?
Barrister, David Sheard, Keating Chambers: "...while established wisdom has always been that an adjudicator's decision should not reverse the burden of proof, recent Court of Appeal comments in [Walker Construction v Quayside Homes] would appear to cast doubt upon it."
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- What does the employer's fiduciary duty towards the retention under a JCT contract require in practice?
- Do you know of case law that defines "tempest"?
- How does an employer recover an advance payment under an advance payment bond if the works don't start?
- How can I qualify the price under an NEC3 Option A sub-contract?
- Can a local authority be liable for failing to ensure the safety of a building it does not own?
For a Q&A guide to construction and projects law and developments in key jurisdictions, see Construction and projects multi-jurisdictional guide.
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- Adjudicator does not have jurisdiction to determine whether payment made to assignor or assignee
- Injunctions: Court of Appeal on adequate remedy test when contractual clause limiting damages
- The Civil Procedure (Amendment) Rules 2014 published
- New practice note on project bonds
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