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Searching Content indexed under Contracts and Commercial Law by Arthur Cox ordered by Published Date Descending.
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1
GAR Know How Construction Arbitration
Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction?
Ireland
29 Jul 2019
2
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.
Ireland
1 May 2019
3
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.
Ireland
23 Apr 2019
4
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.
Ireland
14 Feb 2019
5
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 ...
Ireland
23 May 2018
6
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.
Ireland
15 May 2018
7
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...
Ireland
25 Apr 2018
8
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
Ireland
5 Dec 2017
9
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...
Ireland
23 Mar 2017
10
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.
Ireland
7 Nov 2016
11
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.
Ireland
5 Sep 2016
12
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.
Ireland
6 May 2016
13
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
14
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.
Ireland
18 Jan 2016
15
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.
Ireland
12 Nov 2015
16
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.
Ireland
19 Feb 2015
17
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
18
Incorporation By Reference: Focus On Arbitration Clauses
Judgments in two recent High Court cases dealing with the issue of incorporation by reference of arbitration clauses highlight that clarity is key.
Ireland
15 Apr 2014
19
The Construction Contracts Act 2013: Improved Cashflow And Statutory Adjudication For The Irish Construction Industry
The Construction Contracts Act, 2013 was enacted by Dail Eireann on 29 July 2013, over three years since Senator Feargal Quinn initiated the legislation by introducing a private members bill to Seanad Eireann in 2010.
Ireland
27 Aug 2013
20
But That’s Not What You Said! Responsibility For Information Under The Public Works Contracts
The provision of information by the employer or the employer’s design team to a contractor and the allocation of responsibility for the accuracy of that information is a key aspect of risk allocation under any construction contract.
Ireland
24 Apr 2012
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