All Comment articles 鈥� Page 761
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Under starters orders
Regeneration In the first of a new series, Chris Brown explains how European bureaucracy is stifling the British industry's attempts to kick-start the urban renaissance
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How to pick a fight
Anthony Morgan - Contractors desperately need a reliable "ready reckoner" to assess the merits of different forms of dispute resolution – before they get in too deep
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Playing for both sides
Tony Bingham - An adjudicator turns into a mediator to settle a dispute, and then turns back into an adjudicator when things go sour … but has he compromised his impartiality?
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Vengeance is mine
Tony Bingham - A series of rail disasters has led to the introduction of the offence of "corporate killing". It may satisfy the public's desire to see justice done, but will it do any good?
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Heading for the hurdles
Julian Holloway - It's now supposed to be easier for lawyers to handle disputes on a conditional-fee basis, but all sorts of obstacles have been put in their way. Is it too big a bet?
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Critical conditions
Tim Elliott - Watch out for the "exclusive remedies" clauses in two M&E contracts. They rule out claims for breaches of implied term and claims for breaches not in the conditions
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A dull, grey city
Jonathan Meades聽- Dreary old subfusc London is the victim of a conspiracy between church, state, clients and conservationists. Why can't we have some colour in our capital?
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I beg to differ, m'lud
Rudi Klein takes issue with Judge Anthony Thornton's recent article in 星空传媒. Adjudicators are not a public body, and the Human Rights Act does not, therefore, apply to them
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Time is money
Companies face heavy financial burdens if they fail to hit PFI deadlines. Even if they obtain a time extension, which is rare, it is not a Get Out of Jail Free card.
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Making your mark
Second opinion - Young people think building is boring. We need to show them that a career in construction has tangible benefits.
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Looking for trouble
A claim isn't the same thing as a dispute. You can't call for an adjudicator or arbitrator until you've given the other party a chance to respond to your complaint.
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Where do we go from here?
Rumours of the death of collateral warranties have been greatly exaggerated. In fact, they are continuing to grow and evolve. Here are some trends to watch for.
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No beauty contest
First person - Who could replace Marco Goldschmied, the outgoing RIBA president? The candidates are going to find him a hard act to follow.
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Fatal beauty
It may look like a lawyer's dream come true, but the Association of Consultant Architects' new project partnering contract could actually be a nightmare to get along with.
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It never rains but it pours
Designers, contractors and authorities that neglect to consider the impact of building near rivers could find themselves liable for flood damage caused downstream. Take care.
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The price of perfect justice
Thanks to the Woolf reforms and a recent chancery ruling, parties that win an arbitration on one good point but bring up other issues that have no legal merit may find themselves paying the costs of the loser.
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Grounds for debate
Unforeseen problems with ground conditions are a major headache and it's crucial to be clear about where the risk lies in the contract. But this is debatable, especially on PFI projects …
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A death in the family
First person - There isn't exactly a rush to buy Laing, but with funeral costs mounting, the owners need to appoint an undertaker soon.
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As clear as mud
Judges have to tell a losing party why they lost, and if they don't, they run the risk of having a judgment set aside by a higher court. And that's something adjudicators should think about, too.
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Reasonable precautions
The government's new facilities management contract is flexible and reasonably fair. However, there are one or two things to beware of before you sign on the dotted line.