All Comment articles – Page 770
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Settle, but not just yet
In order to save costs and court time, litigants are encouraged to settle disputes. But it can be dangerous to settle too early. Two recent cases suggest that clients taking short-cuts should be careful.
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Many happy returns
The Construction Act is one year old tomorrow, and there really is something to celebrate. It has changed the face of the industry for the better and disgruntled a few lawyers in the process.
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A deal is a deal
A recent case has clarified the way that variations should be valued and underlined the importance of the rates agreed in the original contract.
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For crying out loud
The ugly clutter of brutalist buildings that constitute the South Bank arts complex just makes you want to weep.
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Who's suing whom? A selection of writs recently issued in the High Court in London
Keeney Construction is suing Waite Design and Build for £32 376.45 plus VAT and interest for damages for breach of contract for substructure subcontract works. John Martin Hoyse Directional Drilling is suing RE Docwra for £78 869.22 plus interest plus costs for the balance due under ...
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Fashion victim
Construction should stop slavishly following trends dictated by clients and take a little pride in its performance.
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Option paralysis
Second opinion There can be such a thing as too much choice. If the client wants one solution, make sure that's what it gets.
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Joining forces
First person The deal between QS Currie & Brown and Ernst & Young has revived the debate about alliances with accountants.
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An inspiring choice
First person Marco Goldschmied is the right man to lead the RIBA. He is committed to improving architects profile and the RIBA HQ.
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Not the grand opera
First person The refurbished Royal Opera House should be an exhilarating addition to Covent Garden. So why is it so dull?
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Spreading the word
Second opinion Now that we are talking to our clients, and even to our competitors, perhaps it is time to use some plain language.
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Brown's mixed bag
First person The chancellor's budget won't provide much work for contractors, but it wasn't all bad news …
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What's in a name?
First person To be called a builder is to be branded a cowboy. So construction professionals should get themselves a new name.
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Domesday scenario
If the Millennium Dome isn't a success, its rotting corpse could blight the Greenwich Peninsula for years to come.
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New whines for old
Rules for civil litigation have been completely rewritten and yet it seems unlikely that they will do much to reduce the cost of claims against consultants or, indeed, that proceedings will be so different.
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Warranted interference
The contracts bill introduced in the House of Lords late last year will mean that collateral warranties are no longer needed in construction contracts in England and Wales but the Scots aren't rid of them yet.
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What can they get you on?
Contractual parties are free to exclude liability as they think fit. But to avoid being caught out, they must define the exclusion as they want it.
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Championing the cause
Why the new architecture champion must help designers defeat the planning autocrats, as well as tackling the tat.
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Adjudication has arrived
The first case on the enforcement of an adjudicator's decision has been decided by the senior judge in the Technology and Construction Court, and we now have a vital piece of case law.
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Summing up. Number 31 – Privity of contract
Michael Conroy Harris continues Berwin Leighton's guide to the concepts of construction law.