All Comment articles 鈥� Page 756
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All very civil
The pre-action protocol can settle a dispute with the minimum of cost and delay, and the maximum preservation of good will. Why don't we use it more often?
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Picking up the pieces
Since Blair's carve-up of government machinery, the political pressure that makes things happen in construction has all but evaporated. It's another fine mess
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Take notice
Judges have been in a right muddle over payment notices, but a recent judgment should put them – and adjudicators – back on the right path
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Getting out of a hole
A contractor that damages cables or pipes while digging up the road must pay for repairs – but what other costs might it face?
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California, here we come
Seven years ago, a national prequalification list was proposed for contractors. Little has come of that, so now it's time to try something else
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Something better change
The NHS Executive says that its standard form contracts for PFI deals should be used largely unamended – but actually, there's no way the parties can do that. Here's why
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Nothing by halves
If an adjudicator fails to take into account part of your defence, can you get their decision overturned? Frogmore Investments found out …
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Same difference
Globalisation means that so-called 'traditional' building styles are just fake. They will remain a sham even if we enter an age of greater regional autonomy
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Cut us some slack
Adjudication is increasingly dealing with matters that are difficult to sort out within 28 days. It would be fairer to give adjudicators the right to extend the time limit.
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Clinging to the wreckage
After the collapse of Independent Insurance, We ask what to do if your insurer goes bust
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Cover your back
We examine 'after-the-event' insurance, which can keep you out of trouble in big court cases
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Nothing personal
Although an adjudicator must act in his personal capacity when deciding a case, he is under no obligation to do this when it comes to recovering his fees
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Corrupt practices
As the use of electronic document storage and transfer increases, the risk of corruption grows, and professionals are advised to have an effective back-up system.
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Creative contracts
For expert services to fall within the Construction Act, they must be to do with construction operations, and if they are not, then you should pretend that they are
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Cleverness isn't enough
Contracts may have become more sophisticated in the way they handle dispute resolution, but there's a basic problem they can't address. Only you can
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The brand plays on
After years of talk, the RIBA is sprucing up its image and its spectacular headquarters. At last it looks like an organisation that knows a bit about design
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Read the small print
When it comes to insurance policies, beware of the exclusions, limitations, ifs and buts. As the lawyers well know, interpretation is nine points of the law
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Shock of the new
Clients outside construction are starting to experiment with adjudication – once they have got over their initial scepticism
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Fair-weather friends
Too many people's commitment to partnering is a politically correct veneer that cracks to reveal the old adversarial thinking as soon as the going gets tough