All Comment articles 鈥� Page 721
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A friendly suit
The claimant, Roy Hammond, sought damages of 拢973,264 arising out of the repudiation of a contract to provide central heating and plumbing services to the 130 cottages and other properties on the Glynde Estate in East Sussex, of which the first three defendants were trustees and the fourth defendant was ...
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Enough to make you sick?
The story of the 拢87m Cumberland Infirmary in Carlisle should be triggering sirens and blue flashing lights at the Department of Health, Number 10 and the Treasury
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Easy steps to hair loss
Got a bit too much of a mop up top? Want to look mature and distinguished? Now you too can look like me 鈥� just become a responding party in an adjudication!
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Nil desperandum
As you know, it's a fat lot of use being right if you can't prove that you are. But are you completely sunk if you didn't keep 'contemporary records'?
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Death by Venice
The A-list of tourist destinations thrive on their history, uniqueness, beauty and immutability. Which is precisely what makes them so deadly
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The corrections
At last we're to get warranties and a novation agreement that really work 鈥� and protect parties from the consequences of some recent court decisions
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The great public–private divide
As a practicing architect and a judge for different housing design awards, I am acutely aware of the issues at the sharp end of the housebuilding industry.
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CommentLikely story
A naughty defendant forged his client's signature on a contract and tried a cash-in-hand tax scam. Unusually, it was the balance of probabilities that caught him
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When is a judge not a judge?
Can a judgment be valid if the judge had no jurisdiction? Well, Edward IV found a neat fix to this problem 鈥� and it may apply to adjudications today
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Fledgling designers
Why do architects need to know how large their wings would have to be for unaided flight? Well, it's all to do with the gentle art of keeping engineers in hand
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Pay or delay
The claimant was a builder who was seeking to recover the balance of the price for refurbishment and alteration work to Mr and Mrs Noble's home. Work commenced on site in November 2000, but the contractor suspended its work in October 2001 because of the defendant's non-payment of invoices at ...
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Be very, very careful
Given the predicament of the UK market, it's no surprise to learn that fidgety construction bosses are turning their gaze overseas
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Let's not go to Austria!
Want to avoid adjudication by inserting a clause into your contract that any dispute must be settled in another country? Don't pack the passport quite yet...
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Poking the paymaster
Without fear or favour, blind to all blandishments and valient for truth, an adjudicator must severely upset a party they're relying on for their daily bread. Hmmmm
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Miliband's terms
Education minister David Miliband describes his mission to bring every secondary school in Britain up to scratch as "provocative" and "challenging". So it will be 鈥� and not just for educationalists and local authorities, but for their suppliers in construction, too. On the face of it, Miliband's timing couldn't be ...
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I'm talking serious money
Slow payment is a bad habit that the industy has got used to. It's just possible, you know, that by speeding it up we could solve quite a few other bugbears
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Hope for the no-hopers
The appellant, Chan U Seek, had brought a claim for payment of commission in respect of two contracts entered into by the defendant in 1995 and 1996 with the Indonesian Ministry of Defence. The deputy master had struck out and dismissed the claim under CPR 3.4(2) ...