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      <description></description>
      <language>en</language>
      <pubDate>Tue, 27 Jul 2010 17:03:00 +0100</pubDate>
      <lastBuildDate>Tue, 27 Jul 2010 17:03:00 +0100</lastBuildDate>
      <category><![CDATA[Building contracts]]></category>
      <category><![CDATA[International law]]></category>
      <category><![CDATA[Articles and knowhow]]></category>
      <category><![CDATA[Personal]]></category>
      <category><![CDATA[Legal drafting]]></category>
      <category><![CDATA[Construction law generally]]></category>
      <category><![CDATA[Contract law generally]]></category>
      <category><![CDATA[Legal charges]]></category>
      <category><![CDATA[Knowhow]]></category>
      <category><![CDATA[Articles and knowhow]]></category>
      <category><![CDATA[Collateral warranties and third party rights]]></category>
      <category><![CDATA[Construction law]]></category>
      <category><![CDATA[CDM Regulations]]></category>
      <category><![CDATA[CDM Regulations]]></category>
      <category><![CDATA[Building contracts]]></category>
      <category><![CDATA[News]]></category>
      <category><![CDATA[Articles]]></category>
      <category><![CDATA[Knowhow]]></category>
      <category><![CDATA[Articles and knowhow]]></category>
      <category><![CDATA[Test: articles page w/o article - view all possible?]]></category>
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      <managingEditor><![CDATA[david.lewis@lawbuild.co.uk (David Lewis)]]></managingEditor>
      <webMaster><![CDATA[david.lewis@lawbuild.co.uk (David Lewis)]]></webMaster>
      <item>
         <title><![CDATA[Summary of insurance provisions in the JCT Standard Building Contract]]></title>
         <link>http://lawbuild.webnode.com/news/summary-of-insurance-provisions-in-the-jct-standard-building-contract/</link>
         <description><![CDATA[Summary of insurance provisions, v1.docx (40,3 kB)]]></description>
         <pubDate>Tue, 27 Jul 2010 17:03:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/summary-of-insurance-provisions-in-the-jct-standard-building-contract/</guid>
         <category>Building contracts</category>
      </item>
      <item>
         <title><![CDATA[The lawfulness of Israel's interception of the Free Gaza Flotilla]]></title>
         <link>http://lawbuild.webnode.com/news/the-lawfulness-of-israels-interception-of-the-free-gaza-flotilla/</link>
         <description><![CDATA[



Commentators have alleged that Israel’s interception of the Free Gaza flotilla on 31 May 2010 was illegal.
&nbsp;
For example Francis Boyle, professor of international law at the University of Illinois College of Law, is reported to have said: "The Israeli attack on the Gaza flotilla violated the 1988 SUA Convention [Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation], to which Israel, Turkey, Ireland and the USA are all parties. &#160;This convention...]]></description>
         <pubDate>Fri, 11 Jun 2010 21:15:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/the-lawfulness-of-israels-interception-of-the-free-gaza-flotilla/</guid>
         <category>International law</category>
      </item>
      <item>
         <title><![CDATA[Important note and legal disclaimer about articles and knowhow]]></title>
         <link>http://lawbuild.webnode.com/news/articles-and-knowhow/</link>
         <description><![CDATA[This part of the website contains articles on legal topics; and also     some (I hope) useful aides-mémoire under the heading "Knowhow", which I     hope gradually to expand.
Most of my articles are construction law-related, but I've also     included some on non-construction law topics such as international law.&#160;     I'm certainly not an international lawyer, but I've tried to use my     legal training to shed light on certain aspects of foreign affairs;     admittedly some of these...]]></description>
         <pubDate>Wed, 02 Jun 2010 12:05:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/articles-and-knowhow/</guid>
         <category>Articles and knowhow</category>
      </item>
      <item>
         <title><![CDATA[Back to school]]></title>
         <link>http://lawbuild.webnode.com/news/back-to-school/</link>
         <description><![CDATA[




In his letter the Headmaster of my old school reminded me of my promise made a couple of years earlier to donate certain memorabilia to its proposed museum project.&#160; The new Humanities Forum, in which mine and other items bearing on the history of the School were to be incorporated, would be opened shortly.&#160; The Headmaster confirmed that I would be a welcome guest at the evening opening ceremony, and said he would be obliged if I could send my contributions to the School in short...]]></description>
         <pubDate>Sun, 30 May 2010 19:47:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/back-to-school/</guid>
         <category>Personal</category>
      </item>
      <item>
         <title><![CDATA[Pursuant to the provisions]]></title>
         <link>http://lawbuild.webnode.com/news/pursuant-to-the-provisions/</link>
         <description><![CDATA[I feel a rant coming on.  This time it’s a reprise of  my long-standing obsession about the   prolixity of legal drafting.  The days when lawyers were paid by the  folio are long past.    (A folio, by the way, was 72 words; don’t ask me why.)&#160;  So why double  the length of    every clause for the sake of it?
For those legal draftsmen who need persuasion, I’m  not proposing to give examples –    just a practical solution which  you can apply using your  word-processor’s “find and   ...]]></description>
         <pubDate>Sun, 30 May 2010 18:59:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/pursuant-to-the-provisions/</guid>
         <category>Legal drafting</category>
      </item>
      <item>
         <title><![CDATA[Termination for breach of contract: and the parties’ claims when this happens]]></title>
         <link>http://lawbuild.webnode.com/news/termination-for-breach-of-contract-and-the-parties-claims-when-this-happens/</link>
         <description><![CDATA[



As a general principle, if one party breaks his contract this doesn’t entitle the other party to stop performing his obligations.
Consistently with this principle, there is no general right at common law for a contractor to suspend work if payment is wrongly withheld.
There are two main exceptions. The first is where there is a fundamental breach, i.e. one which deprives the other party of substantially his whole benefit from the contract.
The second main exception is repudiation, which...]]></description>
         <pubDate>Sun, 30 May 2010 18:56:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/termination-for-breach-of-contract-and-the-parties-claims-when-this-happens/</guid>
         <category>Construction law generally</category>
      </item>
      <item>
         <title><![CDATA[The party of the second part]]></title>
         <link>http://lawbuild.webnode.com/news/the-party-of-the-second-part/</link>
         <description><![CDATA[Does it matter who  you contract  with?
In these real-life examples the names and  businesses, and  other non-material details, have been changed.
A basic principle is that you can only enter into a  contract  with a natural person (i.e. an individual) or a legal person (e.g. a  company).&#160;  If you contract with an unincorporated firm or partnership, you are  contracting  with several individuals, i.e. the partners or at least some of them.
What happens if you contract with an entity which...]]></description>
         <pubDate>Sun, 30 May 2010 18:21:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/the-party-of-the-second-part/</guid>
         <category>Contract law generally</category>
      </item>
      <item>
         <title><![CDATA[Under and in accordance with the provisions of ...]]></title>
         <link>http://lawbuild.webnode.com/news/under-and-in-accordance-with-the-provisions-of-/</link>
         <description><![CDATA[Acting for  a developer on one of his projects, I  came across a lengthy and  obscure clause in an appointment  drafted by his architects (or, more likely, their  solicitors).&#160; I would  describe it as a “bespoke”  draft, because it didn’t come from any  standard precedent that I’m aware of.&#160; As my eyes glazed over, I read:

It is not intended that the  Architect should in  any way be responsible to check or verify anything which it  is not  within the normal competence of a prudent...]]></description>
         <pubDate>Sun, 30 May 2010 18:11:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/under-and-in-accordance-with-the-provisions-of-/</guid>
         <category>Legal drafting</category>
      </item>
      <item>
         <title><![CDATA[Solicitors: the last Marxists?]]></title>
         <link>http://lawbuild.webnode.com/news/solicitors-the-last-marxists-/</link>
         <description><![CDATA[The late Frank Johnson  once simplified Karl Marx’s theory of surplus value thus: “a good’s  value derives from the amount of  work which went into making it."
As  I think we all now know, Marx was dead wrong and a  good’s value is the amount  of money which people are willing to pay for  it.&#160; (It still amazes me, by the way, that free-market economists like   Milton Friedman, and politicians like Margaret Thatcher and Sir Keith  Joseph,  actually had to persuade people of this basic and...]]></description>
         <pubDate>Sun, 30 May 2010 18:07:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/solicitors-the-last-marxists-/</guid>
         <category>Legal charges</category>
      </item>
      <item>
         <title><![CDATA[Some information about knowhow documents]]></title>
         <link>http://lawbuild.webnode.com/news/do-you-know-how-/</link>
         <description><![CDATA[I have found these "knowhow" documents to be useful references:  sometimes for me, and sometimes for other people.&#160; They include:

    a glossary of expressions used in construction law, to which I  have given my own definitions
    a table listing the main amendments that need to be made to JCT  forms of building contract, at least from the client's viewpoint, and  why
    a table which tells clients and members of the construction and  professional teams which parts of the CDM...]]></description>
         <pubDate>Sun, 30 May 2010 17:52:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/do-you-know-how-/</guid>
         <category>Knowhow</category>
      </item>
      <item>
         <title><![CDATA[First visit?  Please read this ...]]></title>
         <link>http://lawbuild.webnode.com/news/first-visit-please-read-this-/</link>
         <description><![CDATA[This part of the website contains articles on legal topics; and also some (I hope) useful aides-mémoire under the heading "Knowhow", which I hope gradually to expand.
Most of my articles are construction law-related, but I've also included some on non-construction law topics such as international law.&#160; I'm certainly not an international lawyer, but I've tried to use my legal training to shed light on certain aspects of foreign affairs; admittedly some of these articles also reflect my own...]]></description>
         <pubDate>Sun, 30 May 2010 17:25:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/first-visit-please-read-this-/</guid>
         <category>Articles and knowhow</category>
      </item>
      <item>
         <title><![CDATA[Collateral warranties: an essential ingredient of a profitable development]]></title>
         <link>http://lawbuild.webnode.com/news/collateral-warranties-an-essential-ingredient-of-a-profitable-development/</link>
         <description><![CDATA[


It is axiomatic that anyone developing commercial property for investment purposes must let it to a good tenant, at the best rent, and as quickly as possible.&#160; While collateral warranties can hardly guarantee this outcome, their absence can certainly prevent it.
The collateral warranty is one of the most important documents in construction and property.&#160; It is an agreement under which a consultant, contractor or subcontractor (“warrantors” or “design and construction team”)...]]></description>
         <pubDate>Sat, 29 May 2010 23:15:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/collateral-warranties-an-essential-ingredient-of-a-profitable-development/</guid>
         <category>Collateral warranties and third party rights</category>
      </item>
      <item>
         <title><![CDATA[Ian Duncan Wallace QC]]></title>
         <link>http://lawbuild.webnode.com/news/ian-duncan-wallace-qc/</link>
         <description><![CDATA[




Last week [this article is dated 25 October 2006] I received this email from the Society of Construction Law to its members:
&nbsp;
Some of you may have seen the following entry in The Times on Tuesday 17th October.
&nbsp;
It was thought that some members will have known Ian and perhaps also missed this notice.
&nbsp;
"WALLACE
Ian Duncan passed away on 1st August 2006. A Thanksgiving Service will be held for his life and work on Monday 13th November 2006 at Temple Church, Temple, London...]]></description>
         <pubDate>Sat, 29 May 2010 23:11:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/ian-duncan-wallace-qc/</guid>
         <category>Construction law generally</category>
      </item>
      <item>
         <title><![CDATA[Iraq and the mutiny of the generals]]></title>
         <link>http://lawbuild.webnode.com/news/iraq-and-the-mutiny-of-the-generals/</link>
         <description><![CDATA[


At some unremembered moment in my late twenties I became a contrarian.&#160; I adopted the assumption that a majority is invariably wrong where it holds strong and stridently expressed opinions.
My instincts and political views were reinforced when I watched Question Time on television some time in July 2007.&#160; The issue of Iraq was discussed and, as always on these programmes, I was struck by the unity of views among the (obviously hand-picked) audience, nearly all of whose questions...]]></description>
         <pubDate>Sat, 29 May 2010 23:07:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/iraq-and-the-mutiny-of-the-generals/</guid>
         <category>International law</category>
      </item>
      <item>
         <title><![CDATA[When a contractor becomes insolvent]]></title>
         <link>http://lawbuild.webnode.com/news/when-a-contractor-becomes-insolvent/</link>
         <description><![CDATA[When a contractor becomes insolvent.docx (1,5 MB)]]></description>
         <pubDate>Sat, 29 May 2010 22:57:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/when-a-contractor-becomes-insolvent/</guid>
         <category>Building contracts</category>
      </item>
      <item>
         <title><![CDATA[The builder from hell – and how to avoid him]]></title>
         <link>http://lawbuild.webnode.com/news/the-builder-from-hell-and-how-to-avoid-him/</link>
         <description><![CDATA[



An occasional (and not usually very remunerative) client of the contentious construction lawyer is the houseowner who is experiencing the builders from hell.&#160; (About as frequent is the builder who finds himself at the wrong end of the client from hell, but let’s leave that for a future article.)
I need not dwell long on the experience itself.&#160; Its unique joys are well known; perhaps you have learned of them from a relative, friend or neighbour, or have even suffered them...]]></description>
         <pubDate>Sat, 29 May 2010 19:06:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/the-builder-from-hell-and-how-to-avoid-him/</guid>
         <category>Building contracts</category>
      </item>
      <item>
         <title><![CDATA[Securing the construction project - legally]]></title>
         <link>http://lawbuild.webnode.com/news/securing-the-construction-project-legally/</link>
         <description><![CDATA[



Developers are rightly concerned to protect the physical security of construction sites.&#160; But prudent developers and investors will be equally attentive to the need for protecting the legal security of their projects.&#160; This article briefly explores just a few of the available options.&#160; (A longer article could have described latent defects insurance, professional indemnity insurance, and the step-in rights contained in warranties to lenders.)
&nbsp;
Performance bonds
&nbsp;
An...]]></description>
         <pubDate>Sat, 29 May 2010 18:42:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/securing-the-construction-project-legally/</guid>
         <category>Construction law generally</category>
      </item>
      <item>
         <title><![CDATA[Performance bonds: securing the contractor’s performance]]></title>
         <link>http://lawbuild.webnode.com/news/performance-bonds-securing-the-contractors-performance/</link>
         <description><![CDATA[



Performance bonds have long been used in the construction industry to protect building owners or developers (“employers”) from the consequences if the main contractor becomes insolvent, or (a much less frequent occurrence) if the contractor remains solvent but fails to carry out and complete the works.&#160; In a performance bond a surety - usually a bank or insurance company - effectively gives the employer a guarantee of the contractor’s performance.
This article focuses on the...]]></description>
         <pubDate>Sat, 29 May 2010 18:37:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/performance-bonds-securing-the-contractors-performance/</guid>
         <category>Building contracts</category>
      </item>
      <item>
         <title><![CDATA[Glossary of construction law expressions]]></title>
         <link>http://lawbuild.webnode.com/news/glossary-of-construction-law-expressions/</link>
         <description><![CDATA[&#160;



Adjudication
A statutory dispute resolution method.
The Construction Act (Part II of the Housing Grants, Construction and Regeneration Act 1996) allows any party to a building contract, subcontract or appointment to refer a dispute to an adjudicator, who must then be appointed within seven days and must reach his decision within a further 28 days.&#160; The adjudicator's decision is binding unless and until the dispute is resolved by a judge or arbitrator.
Agreement for lease
An...]]></description>
         <pubDate>Sat, 29 May 2010 16:43:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/glossary-of-construction-law-expressions/</guid>
         <category>Construction law</category>
      </item>
      <item>
         <title><![CDATA[CDM Regulations: tabular summary]]></title>
         <link>http://lawbuild.webnode.com/news/cdm-regulations-tabular-summary/</link>
         <description><![CDATA[This paper shows, in tabular form, which members of the construction team (including the client) are responsible for which aspects of the CDM Regulations.
CDM regulations (table).doc (80 kB)]]></description>
         <pubDate>Sat, 29 May 2010 16:08:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/cdm-regulations-tabular-summary/</guid>
         <category>CDM Regulations</category>
      </item>
      <item>
         <title><![CDATA[How the CDM Regulations affect "clients"]]></title>
         <link>http://lawbuild.webnode.com/news/how-the-cdm-regulations-affect-clients/</link>
         <description><![CDATA[




If as part of a business you are commissioning any construction design or works, then you are a “client” within the meaning of the Construction (Design and Management) Regulations 2007 or “CDM Regulations”.
The sole aim of this paper is to outline your duties as a “client” under the CDM Regulations.&#160; You may be prosecuted for any failure to comply.
This article is a summary, and I have ruthlessly cut down the enormous amount of (mostly unnecessary) verbiage in the Regulations.&#160;...]]></description>
         <pubDate>Sat, 29 May 2010 16:02:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/how-the-cdm-regulations-affect-clients/</guid>
         <category>CDM Regulations</category>
      </item>
      <item>
         <title><![CDATA[Site unseen: some practical problems associated with ground conditions]]></title>
         <link>http://lawbuild.webnode.com/news/site-unseen-some-practical-problems-associated-with-ground-conditions/</link>
         <description><![CDATA[Until the law of gravity is repealed, buildings will continue to rest on land, and the stability and utility of every proposed new building will continue to depend upon the condition of that land: its ability to support the structures to be erected on it, and the extent to which it may be polluted or contaminated.
Since 1st April 2000 whoever “caused or knowingly permitted” the presence of contaminating substances is initially responsible, under the Environmental Protection Act 1990, for...]]></description>
         <pubDate>Sat, 29 May 2010 15:50:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/site-unseen-some-practical-problems-associated-with-ground-conditions/</guid>
         <category>Construction law generally</category>
      </item>
      <item>
         <title><![CDATA[Desirable amendments to JCT building contracts]]></title>
         <link>http://lawbuild.webnode.com/news/desirable-amendments-to-jct-building-contracts/</link>
         <description><![CDATA[This analysis by David Lewis comprises a table listing (in order of importance, in the author's view) clauses in the JCT design and build contract (DB) which need amendment and the risks which the client runs if they are not amended.&#160; Most of the analysis can be applied equally to other JCT standard forms, (allowing of course for differences in clause numbering and wording).
Desirable amendments to JCT building contracts.doc (140 kB)]]></description>
         <pubDate>Sat, 29 May 2010 15:29:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/desirable-amendments-to-jct-building-contracts/</guid>
         <category>Building contracts</category>
      </item>
      <item>
         <title><![CDATA[The lawfulness of Israeli settlements]]></title>
         <link>http://lawbuild.webnode.com/news/the-lawfulness-of-israeli-settlements1/</link>
         <description><![CDATA[This article is one of David Lewis's occasional ventures into  international law.&#160; He cites the Fourth Geneva Convention (1949) as the  chief reason why some commentators consider Israeli settlements in Judea  and Samaria (the West Bank) to be illegal.&#160; He goes on to explain why  the Convention does not in fact apply; and why, even if it did apply,  the settlements would still not be unlawful.
The lawfulness of Israeli settlements.pdf (41,8 kB)]]></description>
         <pubDate>Sat, 29 May 2010 15:20:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/the-lawfulness-of-israeli-settlements1/</guid>
         <category>International law</category>
      </item>
      <item>
         <title><![CDATA[The dangers to clients of using JCT forms of contract unamended]]></title>
         <link>http://lawbuild.webnode.com/news/the-dangers-to-clients-of-using-jct-forms-of-contract-unamended/</link>
         <description><![CDATA[It is not always a good idea for clients to use JCT building  contracts unamended.
Non-contentious construction lawyers will be familiar with the  necessary amendments, which in some cases differ depending on which form  of contract is used.
Site conditions
JCT contracts say little or nothing about which party is responsible  for unforeseen ground conditions, which obviously can cause a great deal  of additional expense.
So what is the position where the contract is silent?  If the  contract is...]]></description>
         <pubDate>Sat, 29 May 2010 15:18:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/the-dangers-to-clients-of-using-jct-forms-of-contract-unamended/</guid>
         <category>Building contracts</category>
      </item>
      <item>
         <title><![CDATA[The Consensus Principle]]></title>
         <link>http://lawbuild.webnode.com/news/the-consensus-principle1/</link>
         <description><![CDATA[This article by David Lewis is based on the commended entry in the  Hudson Prize Competition 2002, which is administered by the Society of  Construction Law.&#160; It was published in April 2003.
The  Consensus Principle.pdf (149,9 kB)]]></description>
         <pubDate>Sat, 29 May 2010 15:17:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/the-consensus-principle1/</guid>
         <category>Construction law generally</category>
      </item>
      <item>
         <title><![CDATA[Investigating the JCT Standard Forms of Agreement for Collateral Warranty]]></title>
         <link>http://lawbuild.webnode.com/news/investigating-the-jct-standard-forms-of-agreement-for-collateral-warranty1/</link>
         <description><![CDATA[This article by David Lewis was published in Construction Law Journal  in 1997, (1997) 13 Const. L.J. 305.
In 2000 it was cited with approval by Lord Goff of Chieveley and Lord  Millett in Alfred McAlpine Construction Ltd v Panatown Ltd,  [2000]  4 All ER 97.
Investigating  the JCT Standard Forms of Agreement for Collateral Warranty.doc (74 kB)]]></description>
         <pubDate>Sat, 29 May 2010 15:16:00 +0100</pubDate>
         <guid isPermaLink="true">http://lawbuild.webnode.com/news/investigating-the-jct-standard-forms-of-agreement-for-collateral-warranty1/</guid>
         <category>Collateral warranties and third party rights</category>
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