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All posts in CONSTRUCTION LAW

Construction Contracts and Construction Operations

CONSTRUCTION CONTRACTS AND CONSTRUCTION OPERATIONS (1) The 1996 and 2009 Acts 1.01 (2) What Is a Construction Contract? 1.03 Contracts Affected by the 1996 Act 1.06 Contracts Affected by the 2009 Act 1.08 Changes to Existing Contracts after Commencement of the Act 1.09 Construction Operations in Qualifying Territory 1.10 Crown . . . Read more

Sections 109 and 110(1): Interim and Final Payments

SECTIONS 109 AND 110(1): INTERIM AND FINAL PAYMENTS (1) Overview 12.01 Introduction and Summary 12.01 (2) The Right to Interim Payment under s. 109 12.04 Introduction 12.04 Duration of Work More than 45 Days 12.07 (3) Section 110(1): Providing an ‘Adequate Mechanism’ 12.12 Introduction 12.12 What Constitutes an ‘Adequate Mechanism’? . . . Read more

Challenges Based on Bias and Predetermination

CHALLENGES BASED ON BIAS AND PREDETERMINATION (1) The Principles of Bias and Predetermination 11.01 Actual and Apparent Bias 11.01 The ‘Fair-minded and Informed Observer’ Test 11.03 Evidence from the Adjudicator 11.08 Bias and Natural Justice 11.10 Predetermination 11.12 (2) Possible Grounds for Challenge Based on Bias or Predetermination 11.13 Prior . . . Read more

Sections 113 and 110(1): Conditional Payment Clauses

SECTIONS 113 AND 110(1): CONDITIONAL PAYMENT CLAUSES (1) Overview 16.01 Introduction and Summary 16.01 (2) What Types of Provision Are Prohibited? 16.02 Pay-when-Paid Clauses under the 1996 Act 16.02 Conditional Payment Clauses under the 1996 Act 16.04 Conditional Payment Clauses under UCTA 16.10 Conditional Payment Clauses under the 2009 Act . . . Read more

Section 112: Suspending Performance

SECTION 112: SUSPENDING PERFORMANCE (1) Overview 15.01 Introduction and Summary 15.01 (2) The Statutory Right to Suspend Performance 15.02 The Introduction of a Statutory Right to Suspend Performance 15.02 Supplemental to Other Rights 15.05 The 2009 Act Amendments 15.07 (3) Suspending Performance 15.08 What Is Required for the Right to . . . Read more

Dispute Resolution Procedures

Notes 1 See para 13.59 ff. 2 See Rush & Tomkins Ltd v Greater London Council and Ors [1988] UKHL 7 (Lord Griffiths): ‘the contents of without prejudice correspondence … will not be admissible to establish any admission relating to the [party’s] claim’. 3 See Framlington Group Limited and Axa . . . Read more

Transportation and Installation

Notes 1 For example, ch 6 on changes to the work and ch 7 on defects. 2 Maredelanto Compania Naviera SA v BerbauHandel GmbH (The Mihalis Angelos) [1970] 2 Lloyd’s Rep 43, [1970] 3 All ER 125. 3 As discussed in ch 10 in relation to acceptance and delivery. 4 . . . Read more