All Comment articles – Page 750
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Counter-intelligence
If you're unlucky enough to be on the wrong end of an adjudicator's award and the winner owes you money, can you take that off the amount due?
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Don't count on it
Where there is no contract between a claimant and an adviser, the court may be wary of imposing a duty of care, making it hard for a claim for poor advice to succeed
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Big top for tall towers
The City may fear that it stands to lose out to other areas of London, but its insecurities should not be allowed to dictate London's policy on tall buildings
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Another fine mess
How far does a contractor's liability go for any design work that it does? The answer is, as far as the parties let it – each standard form defines it differently
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Getting your kits off
How Airfix bombers and glue abuse are connected to plastic surgery, the moveable-type revolution, and the way CAD vandalises a child's mind …
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The day of the mediator
Adjudication, for all its merits, isn't much cop for multiparty disputes. In these cases, we should restrain our scepticism and plump for mediation
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It's a fair ACOP
The HSE has brought out a more comprehensive Approved Code of Practice for site safety. It's better than the previous version and you should get hold of it now
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My word against yours …
Remember the Discain vs Opecprime cause célèbre? Well, it's just been decided in court, and the trial offers an invaluable lesson on how the law really works
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And that’s final
If you get into a dispute abroad, it will probably go to arbitration. All well and good, but be warned: if you lose, you’ll have trouble appealing …
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Transcendental mediation
An 'adjudimed' is an adjudicator with knobs on, someone who will use mediation methods to get the parties to rise above the dispute and resolve it for themselves
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Delayed gratification
Concurrent delays and extensions of time can be a tricky issue for everyone. So why are they dodged by standard forms when two changes would sort them out?
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Questions of life and death
The Home Office is busy working on a new corporate killing law that will dramatically up the stakes on safety. It's vital that they get it right
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To D&B or not to D&B?
The Arts Council persists in using construction management as its preferred procurement route for theatre projects despite its time and cost uncertainties. Why?
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Justice goes east
Neil Aitken looks at why Eastern and Central European states are getting help with arbitration from the UK
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Getting in early
The Society of Construction Law has brought out a best practice guide for those gearing up for a dispute about delay. Do yourself a favour and download it now
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A leaf from their book
Europeans have a great deal to teach us about the arts, politeness, preserving cultural differences – and about a taste for real food
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Auf wiedersehen, warranties?
The first in a series of Continental columns examines Germany's approach to third-party property rights – and considers how the UK can learn from it