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Your conduct prior to court proceedings

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • February 26 2009

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

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

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • 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

CPA model conditions fail to protect owner of construction plant

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • 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

Getting back the cost of going to court- reforms are in the pipeline

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • October 5 2009

A comprehensive report on the cost of court proceedings will emerge at the end of the year

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

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • 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

Practical completion: getting it right in the credit crunch

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • April 23 2010

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

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

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • 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

Concurrent delay: back to basics (again)

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • October 26 2010

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

Competition Appeal Tribunal slashes OFT construction fines

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • April 20 2011

A number of construction companies were successful in their appeal to the Competition Appeal Tribunal (CAT) to reduce the fines imposed by the Office of Fair Trading (OFT) in its "Bid rigging in the construction industry" decision

Adjudication does a withholding notice have to be issued in order to raise a counterclaim?

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • November 1 2011

In deciding disputes in relation to payment under construction contracts, adjudicators have often taken the view that, in order to withhold any sums under the contract, a valid withholding notice must be issued