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Results: 1-10 of 15

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


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


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


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


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


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


Abolition of expert witness immunity by the Supreme Court implications for the resolution of constructions disputes
  • Nabarro LLP
  • United Kingdom
  • April 20 2011

Until now, expert witnesses who gave evidence in court could not be sued for giving evidence negligently or for the negligent content of a report on which their evidence is based


Be careful what you say the erosion of the sanctity of the ‘Without Prejudice’ rule
  • Nabarro LLP
  • United Kingdom
  • April 20 2011

When parties enter discussions to try and resolve a dispute they may state that such discussions are "without prejudice", preventing the other party from later raising them in evidence in any proceedings


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