Abstracts » Construction and materials industries

Woolf's teeth

Article Abstract:

The UK construction industry should be aware of the pre-action protocols which are included in the Civil Procedure Rules. The protocols indicate work required before the commencement of litigation. Part 36 of the protocol allows a party to ask the court to demand the opposing party releases all of their documents. If the opposing party does not comply they may not be awarded costs. One party can make an offer prior to the case and if it fulfills the necessary criteria the offer will be taken into consideration when costs are awarded.

United Kingdom, Civil law

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Trying cases

Article Abstract:

Courts consider construction industry contracts to be legally binding if terminology containing the phrase best endeavours is used. Legally the phase is taken to mean work has not been guaranteed but the sub-contractor will try to reach the objective set out in the contract. Reasonable endeavours fails to have the same legal impact and a failure to carry out work is only condoned if it appears to have been attempted in a fair manner.

Construction law

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When the bank steps in...

Article Abstract:

Step-in rights are found particularly in collateral warranties agreed with funders and freehold purchasers. The main elements of a step-in provision are discussed.

Column, Secured transactions

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