All Comment articles – Page 745
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Cheque mate
If an adjudicator decides money is due, normally it is time for the cheque book, but a recent Court of Appeal decision may give the paying party a way out
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Guilty as charged
The Chartered Institute of Arbitrators wants to levy its members so it can afford to put them on trial. Surely there's a better way of dealing with incompetence?
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Top notch it ain't
Now that green-belt policy looks set to get some slack, we should ask how much longer rural developers can go on building such wretchedly ugly houses
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The industry’s Beckenbauer
Mott MacDonald’s merger with Franklin + Andrews, exclusively revealed in Ðǿմ«Ã½ last week, reopens the debate about the future of QSs. Martin Bishop, Franklin + Andrews’ chairman, thinks copycat mergers are likely, as is another round of soul searching for QSs (page 20). Bishop saw no future in independence, and ...
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Prepare for the high jump
Faced with hefty insurance premium hikes, it's tempting to increase the excess you pay or reduce cover. Don't do it – there are other ways over this hurdle
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Hands off our law
Appeal judges have given adjudication a rough ride recently. They should remember that the industry likes it and it's up to parliament to make the laws
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Land and freedom
How far should Whitehall intervene in the housing crisis? Last week's disclosures that the House Builders Federation is lobbying Downing Street to get more land for homes and that Lord Falconer is planning "prefabs for key workers" (see news) has polarised opinion. Interventionists argue that the shortage of homes for ...
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Talking shop 'til you drop
The Society for Construction Law is a hotbed of ideas and opinions, as this year's Hudson Prize results show. That's why it shouldn't have a single voice
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The ASP with a sting in its tail
Using extranets to transmit documents can save a fortune, write Gillian Birkby and Jon Nugent. But what if the system crashes or, even worse, the application service provider becomes insolvent?
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Just my opinion …
The principles outlined in Constructing the Team were created on a commonsense, rather than expert, basis. So have they actually been adopted?
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Strength in perversity
These days, a building's quality is defined by whether it works as an advertisement for itself – a fact brought home by one wilful masterpiece that doesn't
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It's a side issue
Judges are getting to like adjudication. But they're going to like it a whole lot more when adjudicators can demonstrate a judicial fairness when deciding cases
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Silence isn't golden
You might not be in agreement with someone, but are you in dispute? It's an old issue, and the precedents are confusing – just make sure you speak up
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A fiasco in extra time
'Ere we go, 'ere we go, 'ere we go – again. It came as no surprise to the construction or soccer fraternities that the latest round of the epic Wembley Stadium fixture slipped into extra time this week (page 11). As the government's 30 April deadline passed, a German bank ...
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The Top Scam Awards
OK, they're not the most prestigious accolades, but the prize ceremony for concocting those ways to wriggle out of the Construction Act can still reduce you to tears
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European antifreeze
Karl vs Palisade showed that if you freeze a debtor's assets, the human rights lawyers get you. Now it seems they'll pounce even if you just freeze the money
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The reckoning
Is adjudication living up to our hopes? Hardly, when it has increased disputes, failed to deal satisfactorily with complex cases and become prey to bully-boy tactics
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One way to look at it
A firm working for Alfred McAlpine put a whole load of different disputes in one basket and presented it to an adjudicator … What happened next?