All Comment articles – Page 661
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Consumer power
Adjudication gets a good press from the industry, so it comes as a surprise when a judge rules that it is unfair when used for disputes with consumers
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CM is wounded, not dead
So construction management is found to be responsible for another major disaster to add to the severe criticism the procurement route received at Holyrood (11 March, pages 42-46). The Great Eastern Hotel case must be the final nail in the coffin?
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The class struggle continues
Dominic Helps’ thoughtful article on the different rules for payment between builder and consultant designer stopped short of discussing why there should be differences for services whose intentions are broadly similar (“Pay slip”, 11 February, page 63).
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Wonders & blunders
This week Alain de Botton contrasts a playful estate north of Amsterdam with new housing in this country
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Find yourself a bench
How long do contractors really believe they can sustain a no benchmarking, no measurement approach? With the threat of PFI-related sector-specific benchmarking, growing international competition and increasingly educated clients, the clear message is measure up or lose out.
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The best answer to Blyth
A new design-and-build agreement aims to simplify contractors’ rights of redress over design flaws that predate novation
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Vote wisely
RICS members are being given the opportunity to vote for members of the governing council.
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The Singapore grip
Singapore is about to bring in its own version of the Construction Act. It has much the same aims as the English law but has a better grasp of the issues
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For your eyes only
It is commonly believed that documents marked ‘without prejudice’ must not be read by a third party. In fact, it all depends on what they say
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A simple disaster
A cautionary tale about what happens if you assume that a dispute does not exist (and therefore you can bypass arbitration) and are, as it turns out, wrong
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Defining undefined
I read Ann Minogue’s article regarding defined and undefined provisional sums with interest (3 December, page 49).
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Safe crackers
In a follow-up to the safety summit, ǿմý invited a panel of safety experts to join an online debate about the issues it highlighted. This is what they had to say
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Crystal clear
CIB and Birse entered into a contract on 8 August 2000 for the construction of a data centre in Molesworth Street, London E13. CIB terminated the contract on 21 December 2001. Birse brought claims based upon the final account, and the cost of completing the works on the basis ...
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Yellow card
The article “Biting Back” (25 February, page 52) referred to the chairman’s final report of the deliberations of the Payment Working Group for the review of Part 2 of the Construction Act.
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A hard way to earn £2
If you have snagging claims against a contractor, can you sue them for the cost of rectifying the defects after a certain time? Indeed you can. But read this article first
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No such stipulation
I am writing in response to your article on the Bath Spa, “Money down the drain” (11 February, page 26).
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A victory of sorts
Insurance companies may have failed in an attempt to stop payouts to workers with a lung condition caused by asbestos, but they did manage to limit compensation