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Contractual construction: the Tension

Practical Law Construction

When the courts are faced with questions of contractual construction there remains a tension in the approach they should take. In order to understand what the Tension is, readers must understand the history of the series of judgments on contractual construction. What is the Tension? So, in short it goes like this.

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When is a collateral warranty a “construction contract”?

Practical Law Construction

Or should that be, when is a collateral warranty not a construction contract? July was a busy month for TCC judgments, which makes the job of writing these blogs considerably easier. Toppan Holdings Ltd and Abbey Healthcare Ltd v Simply Construct (UK) LLP. Can a collateral warranty be a construction contract?

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Ireland’s Construction Contracts Act 2013 before the courts

Practical Law Construction

Some of us are old enough (just) to remember life before statutory adjudication was a thing, before the Construction Act 1996 was enacted and came into force. Roll forward to 2021 and statutory adjudication is an integral part of the legal landscape that most construction practitioners have only ever known. My take aways.

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Calculating the final date for payment under a construction contract

Practical Law Construction

In Rochford Construction Ltd v Kilhan Construction Ltd , that is pretty much what Rochford did, since it refused to pay the sums the adjudicator awarded and, instead, issued Part 8 proceedings asking the court for a number of declarations, all of which (if successful) would have had the effect of reducing its liability to Kilhan to zero.

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Cranes on the horizon: construction arbitration abroad

Practical Law Construction

It is common in many construction contracts for dispute boards to be used as part of a tiered dispute resolution mechanism. How it chooses to deal with construction projects and disputes will doubtless have an impact on the entire country. Dispute boards in Brazil. São Paulo Dispute Board Act. Brazilian New Public Procurement Act.

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Be careful what you write, it may not remain confidential

Practical Law Construction

I had in mind a particular judgment ( Vision Homes Ltd v Lancsville Construction Ltd ) , where one party was arguing the decision was void and of no effect because it was vague and ambiguous. Fast forward 12 years, and once again an adjudicator’s decision-writing is in the spotlight. My takeaways from this.

Writing 100
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Copyright in construction: some common queries

Practical Law Construction

Questions about intellectual property rights routinely arise during construction contract negotiations and serve as a refreshing reminder that COVID-19 issues are not the sole focus of negotiations at the moment. Why are copyright works critical to a construction project?