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Stage payments under a construction contract – the Court of Appeal view
The requirement for an instalments regime did not necessitate payments to be evenly spaced.
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Payments under a mistake of law – on appeal
Limitations on mistake of law claims were clarified.
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Enforcement of an on demand guarantee
A guarantor promised to pay on demand “all monies as may fall due” – did this give the guarantor a defence that monies had not fallen due?
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Adjudicating an oral contract – existence of contracts denied
If the parties cannot agree whether a contract exists or not, it may be cheaper and quicker to go to Court.
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Adopting industry standard terms for UCTA
Are standard form contracts subject to the unfair contract legislation?
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Extension of time – when should it run from?
Is there an argument for identifying time periods based on when the actual delay is occurring in a project?
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Expert evidence – no property in a witness
What happens if the defendant wants to use the same expert witness as the claimant?
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Personal liability in negligence of professional people
Are you liable for professional negligence even if your advice is free and there’s no contract in place?
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Technical challenges to adjudicator’s jurisdiction and design
AECOM defend notice of adjudication by reference to Staptina’s alleged breaches of duty.
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Rules for interpreting contracts?
Supreme Court takes opportunity to issue further guidance and clarification on principles of contractual interpretation.