Opinion 鈥� Page 544
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Comment
Is that decision final?
Scrabster entered into a contract with Mowlem in respect of the construction of a new breakwater quay and associated works as part of a new ferry terminal. The contract was subject to the ICE Conditions of Contract, fifth edition.Certain disputes arose and an adjudication was commenced. The adjudicator鈥檚 decision went ...
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Free to adjudicate
This was an appeal from the decision of HHJ Havery of 25 June 2004 in which he determined four issues relating to the enforcement of an adjudicator鈥檚 decision. The judge found that an oral instruction was evidenced in writing by the minutes of a meeting dated 15 September and ...
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CommentAn admission
The answer to the future energy needs of the UK is to be found in the power plants of Woking. Or should that be the wind farms of Denmark? Hang on 鈥�
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A dirty story
Taking on a contaminated site is risky because it鈥檚 hard to be sure what鈥檚 down there. Now environmental consultants have found a way to manage the risk better
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Comment
A difficulty with defects
In a situation using a JCT contract where a retention is being held and the certificate of making good defects has not been issued, but latent defects have arisen after the expiry of the defects liability period, is it within the employer鈥檚 powers to withhold the retention?
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Go to the adjudicator
It made me sad to read the story of Alan Danieli, the small builder being driven out of business by unpaid accounts.
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Head for the homeowners contract
My heart went out to this small contractor whose story I hear echoed by countless clients, some like him, others 鈥� often pensioners or those on low incomes 鈥� who have been ripped off by contractors less conscientious than Mr Danieli.
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Try a no-fee solution
I was puzzled by Alan Danieli鈥檚 article and the pessimistic conclusion that his company would be unable to sustain the likely legal costs required to recover the sums due to it.
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Threaten bankruptcy proceeding
I sympathise with Mr Danieli over his inability to collect monies due to him from unscrupulous clients.
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Standard alert
Publication of the European standard for external rendering, coming at a time when new 星空传媒 Regulations are being issued thick and fast, may get overlooked by some.
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Comment
And another thing 鈥�
In response to Peter Duckett鈥檚 letter calling on specialists to get tough (29 April, page 38): how about specialists doing what they tendered for and not strong-arming medium and smaller contractors, and some larger ones, to get their own way?
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CommentOpen Mike: Read all about it
There鈥檚 a new book out on environmental liabilities, which eco-officials, imaginative activists and eagle-eyed lawyers cannot wait to throw at construction firms 鈥�
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CommentDevoured by their house
This is how a simple house extension turned into a simple dispute, which turned into a bitter dispute, which turned into a very expensive legal case. And for what?
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Who鈥檚 suing whom
A round up of the writs at the Technology and Construction Court, including a row over a smart Chelsea pad, landlords in dispute with tenants and two attempts to enforce adjudicators鈥� awards