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  • Article

    Are Notice Clauses Always Fair And Reasonable?

    As we have discussed in previous issues of IQ and our Annual Review, under the FIDIC form there is a requirement on both the Contractor and Employer to submit notices about claims ..
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Dispatch - Issue 310

    April's Dispatch examines the legal implications of personal guarantees in construction contracts and explores how preliminary "subject to contract" correspondence can evolve into binding contractual agreements. These issues present significant risks and opportunities for parties in construction disputes.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    Material Prices And Availability: The Latest Construction Battlefield

    The impact will be felt at almost every stage of construction, from the erection of steel frames to installation of aluminium windows and timber cladding, from M&E works to roofing.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The New Engineering Contract, 3rd Edition - Early Warning And Compensation Events

    The NEC is a major attempt to draft a simple and direct standard form contract from first principles without attempting to build upon the standards forms that already exist. The authors of the NEC gathered under the auspices of the ICE, and were principally led by Dr Martin Barnes.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Executing Contracts: How To Get It Right

    Simple contracts do not have to comply with any formalities.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Independent Experts: Lessons From The Courts

    Over the past few years there have been a number of cases in the TCC, and the courts generally, which provide useful guidance for those seeking to deploy expert evidence in TCC proceedings.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    FIDIC and BIM

    One of the reasons FIDIC are amending the 1999 Rainbow Suite is to help ensure that the contracts meet current international best practise.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Formation Of Subcontracts And Time Bar Clauses

    Today, notices and time bar provisions are found in most construction contracts. As Edward Colclough highlights, the 2016 case of Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd & Anor1 provides a useful insight into the enforceability of time bar provisions and highlights the confusion that can often exist when trying to identifying the applicable terms and conditions to a subcontract.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Payment In Practice Under Part 8 Of The Local Democracy, Economic Development And Construction Act 2009

    This final issue of Insight of 2014 focuses on an important subject that has been out of the limelight for some time, but which has come back into focus in time for the Christmas break: the payment regime under the Local Democracy, Economic Development and Construction Act 2009 ("LDEDCA").
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    What are the Duties and Liabilities of In-House Construction Professionals?

    Many articles have been written about the duties and potential liabilities of all those involved in construction projects, but very little has been written about the duties of the in-house professional. That of course does not mean that no such duties are owed.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    EU Public Procurement: Part 1

    The main EU Treaty principles applicable to procurement are: Non-discrimination; Equality of treatment; Mutual recognition; and Proportionality. These principles are developed in the EU Procurement Directive.
    European UnionReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Changes To The FIDIC Form Of Contract

    At the International Contract Users Conference held in London on 6—7 December 2016, FIDIC finally unveiled its proposed revisions to the 1999 Rainbow Suite.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Dispatch - Issue 312

    June's Dispatch looks at natural justice, adjudicators departing from submissions and the formalities needed to agree an extension of time (EOT).
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Expert Determination Of Construction Disputes: The Pros And Cons

    Kendall on Expert Determination defines expert determination as a means by which the parties to a contract jointly instruct a third party expert to decide an issue between them.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Letters of Intent: Avoiding those Bear Traps*

    The use of letters of intent can be fraught with difficulty. In this Insight we review the key case law on letters of intent of the past few years and seek to highlight some of the lessons that can be learned from them.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Managing Cost Increases In Construction Contracts

    The consequences of Russia's invasion of Ukraine have joined forces with a surge in demand for construction products, Ofgem's permitted energy price hikes, the ramifications of Brexit and fall-out from Covid-19 ...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Brand New Law On Liquidated Damages

    On 4 November 2015, a seven-strong bench of the Supreme Court1 considered the law of penalties for the first time when it handed down its decision in the conjoined appeals in Cavendish Square Holdings BV (Appellant) v Tatal El Makdessi (Respondent).
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Disclosure Menu In A World Of Big Data

    The volume of data that is potentially disclosable in construction disputes (and indeed disputes more generally) appears to increase exponentially with every year that passes.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The New DIAC Rules - One More Positive Step Forward!

    The United Arab Emirates seems to be very close to putting in the last piece of the puzzle for the region's most genuine arbitration-friendly jurisdiction.
    United Arab EmiratesLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Demystifying BIM (Building Information Modelling)

    The Government’s Autumn Statement re-affirmed the Cabinet Office’s commitment to the use of Building Information Modelling (BIM), the purpose of which is to provide a common, co-ordinated source of structured information to support construction projects.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 481–500 of 605 results

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