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Expert Witness : Building and Property

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.


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.


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


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


Bribery Act: firms need to act now

Construction firms need to act quickly to ensure they have proper procedures in place to avoid tough penalties under the new Bribery Act 2010.

Anthony Barnfather, leading regulatory law specialist at Manchester solicitors Pannone, says the construction industry, which has already been the subject of significant regulatory action in respect of anti-competitive practices, is particularly vulnerable to investigations because of the size and number of contracts which they enter into.

Last Updated on Wednesday, 21 July 2010 11:09