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Expert Witness : Building and Property

The role of an arbitral appointments referee

The new Arbitration (Scotland) Act 2010 names a number of Arbitral Appointments Referees, one of which is RICS Scotland Dispute Resolution Service (DRS).

RICS Scotland is the largest dispute resolution provider in Scotland for property and construction disputes and appoints RICS professionals to over 500 dispute applications each year.

Last Updated on Sunday, 29 April 2018 09:25

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Who’s next in the firing line?

When construction disputes arise, it is quite common for a client to assert that the contractor has been paid too much.  Sometimes the client is right.  But how does he get his money back?

The familiar JCT valuation rules say that payments are to include the total value of work “properly executed”.  Often the overvaluation claim will be based upon an allegation that the valuation wrongly included defective work, which by definition is not “properly executed”.  

Last Updated on Sunday, 29 April 2018 09:25

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JCT and NEC go head to head

A Question Time-style discussion was held at Kings College London on 20 April to debate the relative merits of JCT and NEC contracts.

The event was chaired by Mr Justice Ramsey, the judge in charge of the Technology and Construction Court. The large audience heard a lively discussion on the differences between the contracts: specifically, the effect of the JCT and NEC provisions related to mutual trust and co-operation and good faith, why the forms are the way they are, assessment of matters during the works or upon final account, and the different approaches to completion.

Last Updated on Sunday, 29 April 2018 09:26

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Bribery Act: firms need to act now

Construction firms need to act quickly to ensure they have proper procedures in place to avoid tough penalties under the new Bribery Act 2010.

Anthony Barnfather, leading regulatory law specialist at Manchester solicitors Pannone, says the construction industry, which has already been the subject of significant regulatory action in respect of anti-competitive practices, is particularly vulnerable to investigations because of the size and number of contracts which they enter into.

Last Updated on Friday, 10 August 2018 11:45

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Record compensation in asbestos cancer case

Record compensation of more than £250,000 has been recovered by law firm Field Fisher Waterhouse at the High Court on behalf of a widow whose husband died from mesothelioma, a cancer of the lung lining caused by exposure to asbestos.

 

Last Updated on Sunday, 29 April 2018 09:26

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