All Comment articles 鈥� Page 752
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Talking about delays
Employers cannot demand damages when they hold up projects. But contractors can be liable if they fail to communicate when progress falls behind
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Doing the splits
Allocating responsibility for damage can stretch one's intellect at the best of times. But when there are four parties and their insurers involved, it's a question of…
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Getting defects right
If your brand new PFI facility contains a defect that means the client can't use it, you won't get paid. How can you deal with that risk?
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Contract working
Contracts are the lifeblood of client/contractor relationships. But to make the new types of deal work effectively, both parties have to buy into the philosophy
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A spot of bovver
A High Court judge gave an arbitrator an earful and the boot for being so incompetent. But the arbitrator was still not liable for the costs of removing him
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Killer argument
The industry seems to be rising to the challenge of improving site safety. Soon, those who don't take it seriously could find themselves guilty of more than negligence
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Can I have some more?
When it comes to adding interest on to adjudication claims, justice has nothing to do with it. Confused? Just be glad you're not an adjudicator
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A letter from Hong Kong
How has Britain's former colony fared since it was handed back to the People's Republic? Here's the view on the ground of one QS who is working there
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Two go mad in Devon
Why do people pretend that arbitrators are wigless judges? As the parties to Pillar vs Edwards found out, you can pay through the nose for very rough justice
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Two's a crowd
Tough developers who try to cut costs by getting Sir Raphael Bowtie to do the concept and Cheapskate & Prune the execution are just asking for trouble
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Absorbing the impact
Take care with environmental impact assessments because (a) they're tricky, and (b) a mistake could leave your precious consent open to a legal challenge
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The pleasure principle
Surveyors and architects be warned: if you don't bring your client the happiness the contract leads them to expect, you may well be liable for damages
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Re-drawing the line
The Construction Act makes bizarre distinctions between what does and does not fall within its payment and adjudication provisions. Pencils out, everyone
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Taking the initiative
Small firms are shut out of PFI projects because the Treasury doesn't understand what they have to offer: the difference between success and failure
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Follow that kiwi
New Zealand has just published a Construction Contracts Bill that is much like our own Construction Act … but better. Here's how it's going to work
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It takes a bit of give
The NHS' standard form contracts are more flexible than they appear. The challenge for parties is to be persuasive when making the case for changing them
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Promises, promises
Pity the subbie who thought that an oral agreement to foot a 拢1.3m bill could be relied on. It couldn't, and the subbie had to pay. The story begins in 1677 …
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On shaky grounds
Few neighbour disputes can match those that begin when shared foundations need work. The Party Wall Act is there to help resolve such disputes – but does it?
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A right Charlie
Charlie Luxton, TV's latest wunderkind, should stop spouting misguided opinions that play into the hands of the anti-housing, pro-Tory home counties
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Loser pays, we all win
Far from deterring people from using adjudication, allowing the winning party to recover its costs from the loser will make the process more accessible