All Comment articles 鈥� Page 758
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Too much of a good thing
Human rights legislation seems to have complicated almost every area of public and private life – not least in planning and construction
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Life in the fast lane
If the client is to blame for a project running late yet refuses to grant an extension, the contractor may still be able to recover the costs of acceleration
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Blame the parents
An effective way to get results in a dispute with A subsidiary is to launch an action against its parent company on the basis of a parent company guarantee
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Pevsner at 50
The 星空传媒s of England, published 50 years ago, was a triumph. Rather than telling us what to see, Pevsner freed us to see for ourselves
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Do what you do
Fish swim, birds fly, dogs bark and politicians lie. Similarly, lawyers have a duty to fight a hopeless case, even if they know they will lose. But they can't lie
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What son-of-CIB is for
Michael Latham聽- The new strategic forum for construction is a boost for the Egan agenda that, on topics from partnering to safety and recruitment, will drive reform further
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What's mine is yours
Directors and partners should be quick to sort out who owns intellectual property rights – or they risk finding that the firm's interests outweigh their claims
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On keeping stumm
Bias isn't about what you really think or feel; it's about the impression you create. So think what you want, but for heaven's sake don't do it out loud.
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Invasion of the bodysnatchers
In the horrific world of name borrowing, a management contractor has to watch helplessly as its identity is taken by a works contractor and used to pursue its employer.
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Not bad, but not perfect
Jeffrey Brown presents the results of the Lee Crowder adjudication survey. It found that too many main contractors are dissatisfied with the dispute resolution process …
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Labour pains
Gus Alexander - New Labour's enthraldom to big business means we're all being held to ransom by private monopolies that don't know their elbows from a hole in the ground
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Truth and consequences
Melinda Parisotti - Exemption of liability for consequential losses is contentious - its meaning is often unclear and it may not provide the protection that firms think it will
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Judges beware
Tim Elliott - Why the Court of Appeal overruled a judge's decision, made in the spirit of the Woolf reforms, to strike out claims because they were unlikely to succeed
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Alternative medicine
Ann Minogue聽- Some of the touted alternatives to retention are not all they're cracked up to be – but there are other ways to overcome the ills that they seek to remedy
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Your word against mine
Tony Bingham - When is a dispute not a dispute? When you call it a matter of dissatisfaction and shoo away any adjudicators that arrive to investigate
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Get real, m'lud
Tony Bingham - John Redmond is wrong about Judge Bowsher. Adjudicating in 28 days is a job for Superman. Restricting phone calls would be like helping him with kryptonite
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The employer-bashers
Colin Harding - New Labour started off as the friend of small and medium-sized businesses, but ended up, predictably, drowning them in regulations. Drastic changes are called for
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Bowsher's helping hand
John Redmond聽says Judge Bowsher's ruling in Discain vs Opecprime has done adjudicators a real favour, while on page 46, Tony Bingham takes a very different view
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Comment
The end of the affair
Ian Yule聽- If a client (in this case, Great Yarmouth council) drafts a clause that says it can terminate for any breach, then that's what it can do, can't it? Tell that to the Court of Appeal …
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Careless words cost … a lot
Rob Buchanan - Professional advisers should be careful what they say – they can become liable for negligent misstatements that induce a contractor to tender