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Statutory right to adjudicate extended as the TCC adopts a narrow approach to exclusions

Nabarro LLP
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United Kingdom
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October 5 2009

A recent Technology and Construction Court decision has confirmed that the ‘construction operations’ which are excluded from the Housing Grants, Construction and Regeneration Act 1996 (the "Construction Act") should be interpreted narrowly to ensure that non-specialist contractors and subcontractors down the contractual chain are not unfairly excluded

Pre-action conduct: sanctions for failure to comply now and in the future

Nabarro LLP
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United Kingdom
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October 5 2009

The Pre-Action Protocol for Construction and Engineering Disputes (the "Protocol") may be considered to be merely a procedural step by some whereas to others it serves a very practical purposes in assisting parties to resolve disputes

Your conduct prior to court proceedings

Nabarro LLP
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United Kingdom
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February 26 2009

The usual rule in court proceedings is that the losing party pays the winner’s legal costs

Small claims an overview

Nabarro LLP
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United Kingdom
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February 26 2009

Any court proceedings that you commence with a financial value of less than £5000 will be dealt with by the courts as a ‘small claim’

Claiming compensation for management time

Nabarro LLP
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United Kingdom
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February 26 2009

The recent decision in the case Bridge UK Com v Abbey Pynford affirms the principle that courts are willing to allow claims for management time, especially when they are fully documented

Just because it might be wrong, that doesn't mean it's unjust: the courts will enforce quick-fire adjudication decisions

Nabarro LLP
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United Kingdom
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March 8 2010

Statutory adjudication of disputes over construction contracts was introduced to counter unacceptable delays and expense in traditional dispute resolution processes

CPA model conditions fail to protect owner of construction plant

Nabarro LLP
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United Kingdom
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January 15 2010

The Construction Plant Hire Association's Models Conditions for Plant Hire 2001 (CPA Model Conditions) are widely used throughout the construction industry

Practical completion: getting it right in the credit crunch

Nabarro LLP
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United Kingdom
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April 23 2010

Practical completion is a term of art, which is often misunderstood and frequently misapplied

Concurrent delay: back to basics (again)

Nabarro LLP
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United Kingdom
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October 26 2010

During a construction project, a number of events are likely to have arisen that appear to have delayed completion

NHBC buildmark cover homeowners may not be required to give written notification of defects

Nabarro LLP
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United Kingdom
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November 1 2011

This article considers the potential liabilities facing developers under the National House-Building Council (NHBC) Buildmark insurance scheme in respect of defects found in their buildings in the wake of the recent decision in Harrison and others v Shepherd Homes Ltd and others in the Technology and Construction Court

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