Searching Content indexed under Contracts and Commercial Law by Arthur Cox ordered by Published Date Descending.
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Adjudication Article Series: How The Construction Contracts Act 2013 Can Impact Contracts
So far in this series, we have touched on the nature and scope of the adjudication process introduced by the Construction Contracts Act 2013 (the "Act").
17 Oct 2019
Adjudication Article Series: When A Payment Dispute Is – Or Is Not – (a) A Dispute And (b) A Dispute Relating To Payment!
In last week's adjudication article we looked at the right to refer a dispute to statutory adjudication from the perspective of whether a contract is covered by the statutory scheme
26 Sep 2019
Adjudication Article Series: Where Are We Now – How Far Might We Go?
This summer was the third anniversary of the new statutory right to refer "payment disputes" to adjudication in Ireland.
23 Sep 2019
GAR Know How Construction Arbitration
Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction?
29 Jul 2019
Hot Topics In Construction Law: Spring 2019
Does your contract say what you think? When and how can you enforce under a performance bond? How do you manage the Brexit minefield? These are some of the hot topics crossing the desks of the construction team at Arthur Cox.
1 May 2019
Presumption Of Disclosure Of Records Under FOI Does Not Apply To Exempted Records
Private sector businesses contracting with State bodies will welcome a recent judgement of the Court of Appeal.
23 Apr 2019
Brexit: Irish Legislative Update
With 7 weeks to go until Brexit (unless an extension is agreed by the EU and UK to the Article 50 notice), a no-deal Brexit remains a possibility.
14 Feb 2019
How Long Have You Got? Time Limits For Bringing Claims
It is an important element of any commercial relationship that you may enter into, to understand how long you may owe a potential liability to other parties or indeed ...
23 May 2018
What Are You Designing For? Understanding The Extent Of Fitness For Purpose Obligations
Fitness for purpose obligations are always hotly debated, but fitness for purpose obligations in construction contracts can arise unbeknownst to the parties to the contract meaning parties may find that they have signed up to more than they bargained for.
15 May 2018
Spot The Difference: Collateral Warranties, Direct Agreements, And Duty Of Care Deeds Explained
In any construction project, there will be multiple parties with an interest in the works to be constructed, who have no contractual nexus with some or all of the parties responsible...
25 Apr 2018
Should The Courts Consider Whether Mortgage Terms Are "Unfair", Even If Not Asked To Do So?
If a contract term is found to be unfair, that term will not be binding on the consumer
5 Dec 2017
CFDs And Retail Clients: Will The Central Bank Prohibit The Sale/ Distribution Of CFDs To Retail Clients, Or Introduce Stricter Investor Protection Measures?
On 6 March 2017, the Central Bank published a Consultation on the Protection of Retail Investors in relation to the Distribution of CFDs...
23 Mar 2017
Finn Frogne, C-549/14 – Settlement Agreement Can Constitute A Material Amendment To A Public Contract
The Court of Justice of the European Union (CJEU) ruled that a material amendment to a contract award without a new tendering procedure is an impermissible breach of the principles of equal treatment and transparency even where the amendment is as a result of a settlement agreement designed to end a dispute which arose from the difficulties encountered in the performance of that contract.
7 Nov 2016
Commercial Licences - More Than You Bargained For?
If you grant a licence to use a commercial premises (or part of a commercial premises), you could be forgiven for thinking that this will prevent the user from successfully claiming tenancy rights.
5 Sep 2016
All Change In Public And Private Sector Contracting?
A mere 4 months into 2016 and it has already been a year of change for construction contracting in Ireland both in the private and public sector.
6 May 2016
New Obligations For Online Traders
Online traders who trade with consumers must now include information on their websites about the EU online dispute resolution (ODR) platform launched last month.
European Union
29 Mar 2016
Escaping The Grip Of The Penalty Clause – Check Your Contracts!
A clause in a contract which provides for payment of a sum of money on breach of the contract may be unenforceable if it is a penalty clause.
18 Jan 2016
Incorporation Of Clauses In Business Contracts – The Supreme Court Stiffens Up The Rules
In two cases, decided on the same day in late 2014, the Supreme Court clarified the rules relating to the incorporation of contractual terms in business-to-business contracts.
12 Nov 2015
Don’t Delay In Bringing An Application To Strike Out Proceedings
A recent decision of the High Court offers some useful guidance on the appropriate time for a defendant to bring an application to strike out proceedings for delay or want of prosecution.
19 Feb 2015
The Recast Brussels Regulation: What It Means For Commercial Parties
On 10 January 2015 the Brussels Regulation which, since 2001, governed jurisdiction and the recognition and enforcement of judgments in civil and commercial matters across the EU, was repealed and replaced by the Recast Brussels Regulation.
European Union
13 Feb 2015
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