All Comment articles 鈥� Page 762
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Eek a mouse!
Process engineering work falls outside the scope of the Construction Act, so adjudicators would have no jurisdiction in a dispute involving process giant ABB – or would they?
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Not-so-great court
First person - The British Museum's Great Court opened to critical acclaim, but it's a big let-down, and the reading room is far worse.
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Adjudication on trial
There are strong arguments to support the view that the Human Rights Act does apply to adjudication. If that really is the case, does it mean that the whole process will have to be abandoned?
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Similar, but not the same
If an architect's drawings are used to obtain planning permission for a project and the architect, for whatever reason, then has no further involvement, can the project proceed without infringing its copyright?
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Tending towards safety
Despite the CDM regulations, site accidents are on the increase. Beyond CDM, there are several practical steps that can be taken at tender stage to instil a culture of safety on site.
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Raising some interest
Late payment has traditionally been a fault of construction's big boys. But new legislation means that smaller firms will have to make sure they pay their bills on time, or else incur the penalty.
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Red tape costs lives
First person - This government has done a huge amount for construction, but it needs to realise that bureaucracy does not stop accidents.
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Out of control
Adjudication was set up to provide a quick, effective way to sort disputes. In fact, it's proved all too effective – it's growing at an incredible rate, and turning site relationships into mangled wreckage.
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Time to admit it
Second opinion - The government seems to be very proud of its anti-cowboy quality mark scheme. Why?
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Stand up for their rights
Consultants can fall foul of the Human Rights Act if they are deemed to have contravened one of its provisions while acting for a local authority or other public body. So it makes sense to watch your back.
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Getting off the hook
If a designer makes a mistake, when does the obligation to correct it expire? After the relevant bit is built? After practical completion? After the final certificate? Or never …
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Power corrupts
First person - British construction is thankfully free of corruption, but as more power is put in the hands of fewer people, this may change.
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Ask yourself this
How would you feel if an adjudicator decided your case on a question you didn't ask her, without giving you a chance to put your views on it? And do you think a judge would agree with you?
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Europe's grey area
If you get a grant from the state and I don't, surely you'll be at an unfair advantage if we compete for a job. The European Court of Justice was asked to consider this point – with disappointing results.
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Tangled web we weave
Who'd be an adjudicator right now? Recent conflicting judgments on the impact of human rights legislation leaves them operating in a most uncomfortable framework.
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Why we've legalised theft
The courts will enforce an adjudicator's award, even if everyone knows it's wrong and the claimant is committing daylight robbery. But surely they have an absolute obligation to dispense justice?
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A cold climate
While the introduction of the climate change levy may make Britain look impressive on the world stage, it is unlikely to make the government anything but enemies closer to home.
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Box clever
First person - The HBF is doing nothing for housebuilders' tarnished reputations. It needs to let go of the past and start getting radical.
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Extra ammo for clients
Adjudication is usually thought of as a concern for builders and their employers. However, clients may like to know that it makes it easier for them to get at the design team, too.
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Trench warfare
Plans were studied, cable-locating devices were used and care was taken, but the builder still managed to sever three live cables. So was the builder negligent?