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The following Construction news provides comprehensive and up to date legal information on Existential challenges and adjudication jurisdiction—a TCC reality check (HTC v WLP)
The following Construction news provides comprehensive and up to date legal information on High Court confirms assignee’s right to adjudicate under JCT Contract and Scheme for Construction Contracts (Paragon Group Ltd v FK Facades)
What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...
What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally...
Time of the essence—construction contractsWhat does time of the essence mean?Where time is 'of the essence' it means that the stated time for...
Product liability insurance for the construction industryThis Practice Note looks at product liability insurance from the perspective of those engaged...
The Reply and further submissions in an adjudicationThis Practice Note considers:•the entitlement to submit further submissions in an adjudication beyond the Response (typically known as the Reply > Rejoinder > Surrejoinder etc)•the contents and form of such submissions, and practical
The Notice of AdjudicationA Notice of Adjudication is the first step in commencing an adjudication. This Practice Note sets out what to consider before serving the Notice of Adjudication, why it must be given and what it should contain. It also provides guidance on the timing of the Notice, how it
Breach of natural justice in adjudicationPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication then the decision may be a nullity if the breach is serious.There are three well-known facets to the principle of natural justice:•no one should be a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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