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Construction and materials industries

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I don't speak legalese

Article Abstract:

The UK's Civil Procedure Rules now require witness statements to be in the witness' own words where practicable and to be written in the first person. There must be transparency about what evidence is based on the witness' own knowledge and what is from information or knowledge obtained from a different source. The witness must sign to say that the facts contained in the witness statement are true. Witnesses in construction disputes should not sign statements that are not a true reflection of what they can say in evidence.

Author: Bessey, James
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 2000
Witnesses

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Asking for trouble

Article Abstract:

The case of FW Cook Ltd vs Shimizu (UK) Ltd highlights the need for clarity in referral notices, which must be served in order to begin an adjudication. In this case, the court ruled that the referral notice was not seeking payment of sums of money in isolation, but was seeking valuations of certain elements of the overall financial position between the parties. The court therefore dismissed Cook's application for summary judgment. This case also shows the need to be clear in relation to the remedies sought.

Author: Bessey, James
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 2000
Construction industry, Negotiation, mediation and arbitration

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Ahead of its time

Article Abstract:

PPC2000 is a partnering contract which has been introduced in 2001 in the United Kingdom. The contract requires collaboration between partners, but English law as it stands will find this difficult.

Author: Bessey, James
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 2001
United Kingdom, Partnership, Partnerships

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Subjects list: Laws, regulations and rules, Column
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