All Comment articles 鈥� Page 760
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Get off my back
Tony Bingham聽Main contractors that try to say provisions in their contract with the client should apply to subcontracts are almost always wrong. And now adjudicators can say so
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The Tony age
Jonathan Meades - Politics tends to have less of an influence over design than brute economics – which is a good thing, considering the shallowness of "New" Labour
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The Science Museum
John Redmond聽- Individuals may not be able to hide behind the sanctity of the 'corporate veil' for much longer, but these are early days to anticipate a change to the status quo
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Trapping the genie
Tim Steadman聽- The perfect partnering contract would ensure that any disputes that may arise can be cleanly settled. Sadly, there are too many grey areas in PPC2000
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A word in your ear
Melinda Parisotti聽- A contractor has a duty to point out errors and dangers in a client's design or instructions. But just how far does that duty go?
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You've been warned
Tony Bingham聽- When a subcontractor carries out your instructions and things go wrong, can you complain that it should have told you about the risks and dangers?
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Meeting opposition
Tanya Ross聽- "Meeting fatigue", a frightening condition afflicting many in construction, is brought on by people spending more time talking about their job than actually doing it
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We love you
Tony Bingham - Once upon a time, relations between banks and small and medium-sized construction firms was awful. Now all that has changed, say the banks. Oh yeah?
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An invitation to sue
Rudi Klein聽- Warranties are onerous, costly and dangerous. And since they're not a requirement, the least those who provide them should expect is something in return
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Vehicle for change
David Mosey聽- Those who say writing partnering into contracts is a mistake are behind the times. The new way of working offered by PPC2000 is already a success
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Ahead of its time
James Bessey - says PPC2000 is fine, but English law just isn't ready for it yet, while on page 54 David Mosey, who drafted the heads of terms for the contract, defends his creation
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Rules of attraction
Michael Latham - It's no wonder there's a skills shortage when the construction industry does so little to make itself attractive. Stop blaming others – it's we who have to change
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Ministerial meddling
Gerald Kaufman - Wembley, Picketts Lock and the new British Library all have one thing in common: government intervention. In no instance did it help at all
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Holding on
Tony Bingham - An adjudicator has told you to pay money to a firm veering towards insolvency, against which you have a counterclaim outstanding. Must you pay?
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A declaration of war
Andrew Hemsley - There might be a faint whiff of partnering about Defence Estates' prime contract, but don't be deceived – it's almost deliberately adversarial
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Not the best of all possible worlds
Simon Lewis - Because the NHS standard form for PFI contracts assumes a greenfield site, it is geared to conditions that may not reflect those faced in reality
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Not entirely acceptable
Rachel Barnes聽- Consultants asked to agree to "entire agreement clauses" in their terms of appointment should be careful: they could find that they're losing fundamental remedies
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Watch what you say
Ann Minogue - Project managers should take care not to say something in post-tender negotiations that turns out to be untrue – it's a whole new area of potential liability
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A question of trust
Richard Davis - If a contractor and client set up a construction trust to protect subcontractors and it is subsequently cancelled, is the contractor liable for breach of trust?
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Rethinking partnering
Colin Harding - Forget meaningless buzzwords, it's time for the industry to come to terms with the Egan reforms and work together in a genuine spirit of partnership