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Andrew Cullyer
 

Exclusions of liability within Construction

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Exclusions of liability are some of the most important clauses in any contract you sign up to... The recent decision of the Court of Appeal in Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440 provides important...

Revisiting CCTV after Fairhurst v Woodard

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CCTV is a matter we get a lot of questions about at Warner Goodman. The recent case of Fairhurst v Woodard [2021] 10 WLUK 151 has gone through many of the issues around the installation and operation of CCTV on your property and how it may cause an...

CCTV: Harassment, Nuisance and Data Protection

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CCTV is a matter we get a lot of questions about at Warner Goodman. The recent case of Fairhurst v Woodard [2021] 10 WLUK 151 has gone through many of the issues around the installation and operation of CCTV on your property and how it may cause an...

A new approach to home refurbishment claims

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Unfortunately, residential construction conflicts between homeowners and their builders are all too prevalent, usually centred on the value of a bill or the quality of completed construction work, or both. Such disagreements frequently lead to the parties...

Planning an extension: Top Tips for managing your construction project

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An extension to your home will cost you thousands of pounds and so it is vital that you make the necessary plans, understand the contract before you sign it, appreciate how to manage the project while it is ongoing and know where to turn should disputes...

Acceleration in Building and Construction Contracts

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Timing is a vital part of any building and construction contract and understanding the implications of delays can help in avoiding disputes. The same can be said for when an employer wants a project completed ahead of time, known as acceleration. ...

Delay, damages and extensions of time in Building and Construction Contracts

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Delays are a regular occurrence in construction projects and so protecting you and the project with the appropriate clauses in your contract can assist in the long term against disputes arising. It is vital that you understand what would constitute a...

The importance of time in building and construction contracts

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In all areas of construction , time is one of the biggest areas of disputes. Knowing how much time you have to complete your project, how to ask for extensions, and how to manage your time related risks are vital. Andrew Cullyer , Litigation...

What evidence do I need to defend my building and construction dispute?

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Building and construction disputes can be stressful, and one of the problems is knowing where to start. Evidence is about proving what happened and provides you with the opportunity to demonstrate that an agreement was made on a certain date or the...

What are the different types of construction contract?

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It is tempting for the outsider to believe that all construction contracts are the same – they are not. This can lead to both construction disputes and a waste of valuable time, energy and cost. Getting the contract right is vital before you start...

The consequences of getting the basics wrong in your construction contract

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In all areas of construction, having the right contract in place is of utmost importance to avoid disputes in the future, whether that is regarding payment, the plans for the projects or the parties involved. A recent case decided in the High Court...

How can Collateral Warranties in a Construction Contract protect my interests?

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As the coronavirus pandemic and subsequent lockdown continues albeit with an end in sight, even with the success of the vaccine roll-out, it is an unfortunate consequence that not all companies will survive the coming months. With Carillion still fresh...

Common misconceptions in Construction Law

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Construction law is diverse and in some respects archaic. No two construction projects are the same and this can mean that even familiar, simple principles can arise in novel and diverse ways. Andrew Cullyer , Litigation Executive specialising...

Applications for payment, Payment Notices and Pay Less Notices in construction projects

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There are many reasons why disputes may arise in construction projects , with one of the most common being over payments. The Housing Grants Construction and Regeneration Act 1996 (as amended) provides for regular interim payments for construction...

What is Adjudication in dispute resolution?

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When a dispute arises between parties, there are several methods of resolution available, including arbitration, mediation, negotiation and litigation. Another option is adjudication, in which a third party will review the case put by either side and...

Why do disputes arise in relation to construction contracts and what should you do if they do?

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Construction disputes have a long history; there are records of people complaining about their builders from ancient Sumerian times! Construction projects that lead to disputes will have a significant financial and potentially reputational impact for...

What is a Construction Contract?

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When embarking on any sort of building project, it is vital that the terms and conditions of the arrangement are set out in writing and understood by all parties concerned. Having knowledge of the clauses within the contract and the subsequent issues...