All Comment articles 鈥� Page 759
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Not a penny more?
Richard Guit - The fixed-price contract is at the heart of the PFI environment, but it means the construction contractor must take on the risk when there are cost overruns
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Man of the match
Andrew Hemsley - Whatever you may think of it, clients are using PPC2000, which makes the role of partnering adviser crucial to a project's success
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The weakest link
Tony Bingham - A full frontal attack on adjudication claimed that the Construction Act went against the Human Rights Act, but there is in fact no connection between the two
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Down with woolly briefs
Tanya Ross聽- A clear, well-written brief, gleaned from asking a host of pertinent questions, is the surest way the design team can protect and satisfy the client
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Don't hold back
Rudi Klein聽- Retention is a discredited, unfair system that can tie up as much as 20% of firms' turnovers, and may prevent them doing their best work. Let's get rid of it (you can help)
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Shout it from the rooftops
Gerald Kaufman聽- Elections used to be won and lost on housing. This time, it'll barely be mentioned – even though, as a new report points out, it's still an explosive issue.
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A question of judgment
Robert Akenhead - It is extremely difficult to get a court judgment set aside, as a contractor in Bedfordshire found out to its relief when it was accused of fraud
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Why we should ditch retention
James Bessey - Retention is a time-honoured method of keeping contractors and subcontractors on their toes by withholding a fixed sum of money. The problem is: it doesn't work
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Difficult sums
Tony Bingham - If a delay leaves you temporarily out of pocket, but does not dent your profit, should you recover losses? One judge said yes, but an adjudicator might not agree …
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One-nil to the chickens
Dominic Helps - At last, we have the final judgment in Discain vs Opecprime. By backing Opecprime, the judge has made the lives of adjudicators everywhere more difficult.
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Day of the triffids
Simon Tolson聽- Contamination doesn't just apply to toxic chemicals. It can apply to hazardous plants and weeds that have to be removed. Worse, the contractor can end up paying
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Looking on the dark side
Patrick Holmes聽- Stock market dives have sparked fears of recession. So, if the economy does turn down, who's going to lose out? And what can they do about it?
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You're asking for it
Tony Bingham聽- Adjudicators can only do what they are asked to do, so if you don't get the wording right in the referral notice, you're likely to come unstuck
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For what it's worth …
Gus Alexander聽- Abolishing the RIBA advisory fee scale, as the government wants, is another sign of our crass inability to appreciate the value of good design
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From beyond the grave …
Julian Holloway - A Court of Appeal decision on a negligence case may mean that contractors and architects are liable for claims they thought were dead and buried
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Read the small print
Robert Akenhead - It will now be harder to overturn clauses limiting liability, after a Court of Appeal ruling that firms should be presumed to know what they are agreeing to
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Enemies of the state
Colin Harding - Pension scheme employers are being asked to stump up to cover the pension industry's incompetence and the government's desperation to avoid blame
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Crowded house
Regeneration - Last week, the House Builders Federation warned that housing supply is at its lowest level for 50 years. Gareth Capner says it's time to admit brownfield is not enough
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Knock-on costs
Ann Minogue - Demolition contractors can be liable for damage to adjoining buildings – even if they could not have foreseen its precise cause
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Don't get caught by foot and mouth
Simon Lewis聽Do the standard forms protect contractors from losses caused by emergency exclusion measures to tackle the latest livestock epidemic?