The main changes to adjudication under the amended Act are as follows:- Oral Contracts As the amended Act now applies to construction contracts made orally or part orally and part written, any dispute under such a contract can now be referred to adjudication. However, certain adjudication requirements still need to be in writing otherwise the adjudication provisions under the Sc...
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Private sector businesses could be the hidden victims of public sector strikes
Your business could be the `hidden' victim of the public sector strike against pension reforms, taking place tomorrow, which is set to be the biggest industrial action this country has seen in decades. So how will this action affect private sector employers? Well, widespread school closures, caused by striking teachers, are expected to result in millions of children being turned away....
Financial Mis-selling
Partner Johanne Spittle has recently been involved in a number of mis-selling claims in relation to the mis-selling of 'interest rate protection' such as interest rate collars and swaps. For further information please contact jcs@denisontill.com
Government announces radical employment law reform
The Government has today announced the biggest employment law reform in decades. Business Secretary, Vince Cable, has unveiled proposals to overhaul employment law in order to make it easier for companies to recruit and dismiss employees. The Coalition "want to safeguard workers' rights, while deregulating to reduce the onerous and unnecessary demands on businesses", he says. ...
Five tips when buying a business and assets out of administration
Administration can present a great opportunity for a buyer with cash resources or readily available finance to acquire the business and assets of the insolvent company at a significantly reduced price. However, buying from administrators presents its own risks, challenges and potential pitfalls for the unwary buyer. It is therefore essential that a buyer is well advised. Below, w...
The amended Construction Act 2009: payment clauses
Payment clauses in construction contracts entered into on or after 01 October 2011 must be compliant with the amended Construction Act 2009 or the amended Scheme for Construction Contracts will be implied into the contract to govern payment; meaning the crucial risk of cashflow is not being managed. A typical payment mechanism under the amended Construction Act works as follows betwee...
Your Digital Legacy
Our appetite for technology shows no sign of abating with the seemingly endless launch of updated iphones and tablets. Inevitably more and more people are forgoing traditional paper based records and instead storing personal information, whether it be financial transactions such as internet banking, or contact details and photograph collections, electronically. The lack of a paper tra...
The amended Construction Act: the formation of a contract
Parties will typically participate in a process of negotiation when entering into obligations to carry out construction works and pay for them. Such a process could typically include the following stages:- Enquiry Tender Quote Negotiation of price (including any discounts, cost savings and provisional sums ), scope and time Letter of intent Execution of contract ...
Right of way does not extend to animals
A recent Court of Appeal case Alford v Hannaford has decided that a right of way to pass and repass "at all times and for all purposes with or without vehicles" over and along a track did not extend to a right to drive animals over and along the track. Mrs Alford was a farmer who acquired farmland at Whitchurch near Tavistock together with a right of way over a track on the seller's...