All Comment articles 鈥� Page 753
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Insuring against terrorism
With the UK looking like a target for terrorist attacks, how do existing standard form contracts deal with the implications?
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The untouchables
An expert witness you call to help win your case may turn out to be incompetent and deceitful, but he or she is still immune from any action you may take
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Watch the small print
Buried in a footnote of JCT 98 is jumbo-size trap: if your dispute goes to court, the case has to be fought as if no adjudication took place. Tread carefully
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The common touch
We know that pay-when-paid clauses were partially outlawed by the Construction Act, but how do they fare under common law?
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Conran the Barbarian
Nobody could accuse Sir Terence of being crude, but his legacy of anorexic good taste may be a more dangerous enemy of exciting design
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Tales of the unexpected
Ever since the Construction Act was passed, judges have been wrestling with the question of what constitutes a construction contract. Their answers have been surprising
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Be reasonable
Clients should be wary of loading contracts with terms like 'highest standards' and 'best endeavours'. Sometimes you can get more by asking for less
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Independence daze
How do arbitrators square their duty not to be swayed by outside pressure with their fear of being given the boot by the High Court? With difficulty, alas
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Planning's chink of light
The British planning system is in a terrible state – but Lord Falconer's reforms could mean there is light at the end of the tunnel
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Procure for all ills
Things always go wrong when things are being built. But combine a novice client with a new procurement method, and it could spell disaster
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The name's bond – adjudication bond
If on-demand bonds are too onerous and conditional bonds too slow, could adjudication bonds provide the answer?
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Meaningful relationships
Much like any relationship, partnering is more about mutual understanding and commitment than subscribing to a given definition
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The industry's black sheep
Recent cases suggest that consultants and their advisers are becoming too defensive. If this continues, there's a danger they'll lose the goodwill of the industry
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Teaching the Big Apple
The Manchester bomb in 1996 provided an opportunity for revolutionary urban renewal that was ultimately wasted. New York should learn from our mistakes
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Question a silly answer
Tony Bingham An adjudicator makes a boob and the judge says he has answered the wrong question. But he hasn't: he's just answered the right question wrongly
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Something rotten …
Not sure what the payment arrangements of the Construction Act are? You're not alone. They're confusing, that's what, and it's time for reform
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Three great legal myths
There is a danger that some urban myths about disputes will become embedded in people's minds unless arbitrators and adjudicators take steps to expose them
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Don't take my word for it
When someone shakes your hand and says they intend to do business with you, you might reasonably believe you have an oral contract. Think again
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The cost of winning
Allowing the winning party in an adjudication to recover its costs from the loser is utterly inappropriate in adjudication. Worse, it could deter people from using it