All Comment articles 鈥� Page 638
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On being naughty
Is this a cautionary tale of an innocent subcontractor hounded by the big bad tax man? Or was its 鈥榤inor and technical鈥� infraction actually something more?
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Hot air
The defendants installed an extractor fan on their property which protruded through the side of the wall into the claimant鈥檚 rear garden. The claimant commenced legal proceedings arguing that the extractor fan trespassed into her garden and that it also constituted a nuisance. The claimant sought an injunction requiring the ...
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A walk in the park
Mr and Mrs Wilkins own Morghew Park and claimed an injunction and damages for trespass against Mr Lewis who owned an adjoining property, the Morghew Park Estate. Mr Lewis, his employees and visitors used a road running through Morghew Park. Mr Lewis鈥� use of the roadway was granted ...
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Out of time
This was a reclaiming motion from a decision of Lord Eassie of 14 April 2004. The pursuer was seeking to enforce an adjudicator鈥檚 decision. The enforcement was defended on the grounds that the adjudicator鈥檚 decision was 鈥渦ltra vires鈥� and should be set aside.A referral notice was given to the adjudicator ...
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Trust and naivete 鈥�
TrustMark chairman Ian Livsey鈥檚 comments cheered me up, particularly his belief that householders do not always go for the cheapest quote.
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Stone from home
Thank you for the excellent spread on the Victoria & Albert鈥檚 revamped central courtyard (23 September).
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CommentWhat a man鈥檚 gotta do
Compromise and collaboration, those so-called feminine qualities, aren鈥檛 the only way to run projects. Consultants of both sexes must also fight for what they believe is right
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CommentWhat could possibly go wrong?
In response to your call for photos of health and safety breaches, we rather like this one!
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CommentOur learned friends
After thorough consultation the Technology and Construction Court has revised its procedures in a new extended Guide. This is how it works 鈥�
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Four ridiculous weeks
As chairman of a small committee in the east Midlands that, among other things, is concerned with good practice in the construction industry, I would like to bring to your attention a serious problem being faced on a regular basis by main contractors, namely that of absurdly short tender periods ...
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CommentEnd of the pier show
Back from the coast, a veteran conference-goer reflects on a season dogged by identity crises and wonders if the sun has set on the age of politics-by-the-sea
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Washing your dirty linen in public
As a regular reader of your magazine for many years, I must agree with the market opinion that 星空传媒 is a quality leader in the construction industry and it is gratifying to know you give readers the opportunity to express concerns about any of the issues published.
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鈥� mixed with a little despair
The remarks by Ian Livsey are typical of the type of comments that contributed to the regrettable demise of Quality Mark.
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Cut to the quick
Continuing from last week: you may not have time to examine every line in a contract, so here are key clauses you need to spot and the potential traps to avoid
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The Danieli crusade rides on
Nick Henchie (26 August) states: 鈥淚t is possible that more use will be made of jointly appointed experts, which could not only save time and costs but will probably lead to earlier settlement of cases.鈥� This is most interesting. In response to Alan Danieli鈥檚 difficulties in getting clients to pay ...
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A late call
The contractor carried out work in respect of the claimant鈥檚 property. The works were completed and a final certificate was issued on 11 March 2005. The contract was based on the JCT standard form 1998 edition private without quantity. On 6 April the defendant served a notice of adjudication. On ...
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A serious breach of protocol
The pre-action protocol was designed to help resolve disputes out of court, but a recent ruling means that it now has the opposite effect. The law needs changing
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The thing about frameworks
Framework agreements allow commercial parties to set down their commercial aims and objectives without working out detailed terms or using lawyers, and before designs and contractual procedures have been finalised.
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CommentWhat鈥檚 wrong with Procure 21
After five years and more than 拢2bn worth of projects, the government鈥檚 Procure 21 programme is at a pivotal turning point.