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Expert Witness : Building and Property

RICS welcomes Government's draft National Planning Policy Framework

RICS President, See Lian Ong, has written to the Prime Minister welcoming the draft National Planning Policy Framework (NPPF) and outlining RICS' next steps.

RICS views the draft NPPF as a significant step forward in enabling the growth the UK requires, and believes delivering sustainable economic growth is in everyone’s interest, whether it be badly needed employment or equally important affordable housing.

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Millions of Disputes with Builders can be avoided

According to a Which? survey, 2.5 million householders have had a dispute with their builder in the last three years. The number and level of disputes could be drastically reduced if homeowners had a proper contract with their builder from the outset, according to the Joint Contracts Tribunal (JCT), the body that drafts standard forms of contracts used in four out of five of all building projects in the UK.

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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.

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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 Thursday, 21 October 2010 13:33

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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 Wednesday, 21 July 2010 11:09

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