All Comment articles 鈥� Page 655
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A difficulty with defects
In a situation using a JCT contract where a retention is being held and the certificate of making good defects has not been issued, but latent defects have arisen after the expiry of the defects liability period, is it within the employer鈥檚 powers to withhold the retention?
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Is that decision final?
Scrabster entered into a contract with Mowlem in respect of the construction of a new breakwater quay and associated works as part of a new ferry terminal. The contract was subject to the ICE Conditions of Contract, fifth edition.Certain disputes arose and an adjudication was commenced. The adjudicator鈥檚 decision went ...
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Head for the homeowners contract
My heart went out to this small contractor whose story I hear echoed by countless clients, some like him, others 鈥� often pensioners or those on low incomes 鈥� who have been ripped off by contractors less conscientious than Mr Danieli.
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Threaten bankruptcy proceeding
I sympathise with Mr Danieli over his inability to collect monies due to him from unscrupulous clients.
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And another thing 鈥�
In response to Peter Duckett鈥檚 letter calling on specialists to get tough (29 April, page 38): how about specialists doing what they tendered for and not strong-arming medium and smaller contractors, and some larger ones, to get their own way?
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Standard alert
Publication of the European standard for external rendering, coming at a time when new 星空传媒 Regulations are being issued thick and fast, may get overlooked by some.
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CommentAn admission
The answer to the future energy needs of the UK is to be found in the power plants of Woking. Or should that be the wind farms of Denmark? Hang on 鈥�
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Go to the adjudicator
It made me sad to read the story of Alan Danieli, the small builder being driven out of business by unpaid accounts.
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Free to adjudicate
This was an appeal from the decision of HHJ Havery of 25 June 2004 in which he determined four issues relating to the enforcement of an adjudicator鈥檚 decision. The judge found that an oral instruction was evidenced in writing by the minutes of a meeting dated 15 September and ...
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Who鈥檚 suing whom
A round up of the writs at the Technology and Construction Court, including a row over a smart Chelsea pad, landlords in dispute with tenants and two attempts to enforce adjudicators鈥� awards
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A very precise view
Motivated by wishing to balance your rather negative report on the London mayor鈥檚 draft supplementary planning guidance the London View Management Framework (22 April, page 16), I should like to point out that the approach is not generally protectionist but informative.
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CommentMaking ourselves miserable
鈥淚 immediately knew there was something massively wrong with the building as soon as I moved in.
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Just a thought 鈥�
In an article relating to the National Audit Office鈥檚 report on the government鈥檚 construction record (24 March, page 25), Rudi Klein, chief executive of the Specialist Engineering Contractors Group, suggested 鈥渦sing single project bank accounts for the entire construction project鈥�.To overcome the issue of up-front payment would this not be ...
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Nowhere to go
As a designer who prepares schemes for several small developers in Sefton, Merseyside, I find it almost impossible to get applications for anything even considered.
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CommentDevoured by their house
This is how a simple house extension turned into a simple dispute, which turned into a bitter dispute, which turned into a very expensive legal case. And for what?
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Wigs and muddy boots
Reading Tony Bingham鈥檚 article (22 April, page 58) regarding the quandary of a judge faced with the equally compelling opinions of two opposing experts, I was reminded of my very earliest lessons in arbitration.
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Welcome to castle Bolkestein
The proposed European Union services directive, or Bolkestein鈥檚 monster, as it鈥檚 known, could produce a playing field with so many bumps that standards suffer
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CommentWonders & blunders
Tony Whitehead of Defence Estates salutes the functional, effective Walsall Art Gallery but finds the Sainsbury Wing spineless