All Comment articles 鈥� Page 763
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But you promised!
If someone wants you to do work for them free, gratis and for nothing, on the understanding that they'll give you a job later, can you get paid if they don't? A recent – and largely unnoticed – case says you can.
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Long to reign over us
In a special feature-length programme on BBC2 last Sunday, Jonathan Meades expounded his theses on High Victorian architecture. John Fidler of English Heritage was watching …
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Classic FM
First person - Soon, facilities managers will be a key part of the design team – who else knows how much a building will cost to run?
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Adjudication in the bushes
Spend six months preparing your claim, spring it on your quarry when it's least expected and refuse any extension of time. Result? You lose when you get to court.
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Guarding your provisions
Collateral warranties require care and attention. Watch out for assignments, notice clauses, duration, entrenched rights in contract, tort and statute, and, of course, jurisdiction.
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Going for goal
Back in 1987, a company employed a contractor to build an office block. For the past decade, they have been in constant litigation. They've already had one shoot-out in the Lords and it's not over yet.
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Clash points
The inexperienced employer does not always know what to look for when reviewing tender documents. Why can't the contractor help by providing objective advice at this stage, rather than complaining later?
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Clash points II
It's unfair to expect contractors to criticise consultants at the tender stage – it will jeopardise their chance of winning the contract. A better solution is to appoint the contractor earlier in the process.
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Breaking down barriers
The Association of Consulting Architects has launched a standard form that aims to write partnering into the contract. This is the first of two articles assessing its chances of, in effect, legislating for virtue.
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A sustained argument
First person - Green skyscrapers are all the rage, but until their ecological claims can be proved, we should regard them with scepticism.
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No time to lose
Contractors on privately financed projects carry a heavy liability for delay and should be aware of restrictions on the type of delay events for which they can claim.
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Improper procurement
In Germany, public procurement decisions are routinely challenged for breaching EU rules on how contracts should be awarded. Such challenges are rare in the UK, but this could soon change.
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False sense of security
For owners of new homes, the NHBC guarantee and insurance offer are reassuring – but what if it later transpires that they were issued by a builder who had no right to do so?
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The comeback kid
For 10 years, negligence claims have been subdued but a new ruling suggests that there are still many cases where the law will impose a duty of care for economic and physical loss.
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Objection!
Why 星空传媒 missed the point on the floods, pre-action protocols, legal leagues, proportional costs and adjudicator impartiality – and what was that one on the working time regulations all about?
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To honour and obey
Contractors in a partnering relationship may be obliged to act strictly in the client's interest – with scrupulous honesty and openness – or face the penalties
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Gutter sniping
An architect designed a shed but omitted to include overflows in the gutter, which flooded and ruined goods stored inside. Was it negligent, and therefore liable for the damage?
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No contract? No problem
Whether or not a contract has been agreed may no longer be worth arguing about – the latest twist in Birse vs St David states that some terms in an unfinalised contract may still be binding on the parties.
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Wonders & blunders
An ancient monument that would challenge today's builders, and a monstrous modern blob.