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Retrospective validation in insolvency context just got more difficult

Michael Mendelblat and Julie Farley, professional support lawyers, Herbert Smith Freehills LLP

"Obviously caution should always be exercised when dealing with a company where insolvency is suspected."

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Adjudication costs and the Late Payment of Commercial Debts (Interest) Act 1998 (Part 1)

Jonathan Cope, director, MCMS Ltd

"I do want to make one thing clear. In my view this case is not authority for the proposition that a referring party can claim costs in an adjudication under the Late Payment Act 1998."

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Excluding liability for terrorism

Iain Suttie, associate director, Berwin Leighton Paisner LLP

"Designing to take account of terrorism may be an obvious and necessary part of a particular project... so it seems strange, perhaps even lacking in credibility, for a consultant to seek to exclude all liability for terrorism on such projects."

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Only the “plainest cases” will not be enforced, and this was not one of them!

Matt Molloy, director, MCMS Ltd

"We may have waited a while to have something to write about, but then we got it all in one go, a sort of kitchen sink approach to challenging enforcement, with arguments about jurisdiction and breaches of the rules of natural justice aplenty."

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Construction and Projects Global Guide

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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The new Practical Law

Practical Law UK is re-launching

We will soon be launching the new Practical Law UK, bringing a more streamlined look and feel, an improved search capability and many new features. Stay tuned for more information.

10th Annual Construction Law Conference

Construction Law Conference

Has it really been 10 years? This October see’s Sweet & Maxwell host its 10th Annual Construction Law Conference. The website is now live, please click here to view the most up to date information regarding the key themes and speakers. Book your place now.

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Keating on Construction Contracts, 10th Edition

Keating on Construction contracts is the fundamental text for research on the history and principles governing building contracts; their practical application and their interpretation by the courts.

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