Opinion 鈥� Page 640
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Roger that
The perfectly natural reflex of rubbishing everything Roger Humber says is complicated by the fact that he was, on one occasion at least, right
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What lies beneath
The notoriously difficult subject of contaminated land just got even trickier. New legislation has come into force, and you may find its effect rather surprising
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Expert witless
The very strange case of three architects, two designs, a substandard expert witness and a judge who was left fuming
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Who needs contracts?
Even without an agreed deal, employers and contractors might find the courts forcing them to accept their "contractual obligations"
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Sticking to it
Making unrealistic promises leads to a domino effect of missed deadlines, bitter wrangles and wrecked projects. Keeping to agreed delivery dates engenders trust
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Dual action
An architect dealing with a dual employer/contractor client is not unusual, but the courts might draw unexpected conclusions when conflicts of interest arise
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Synchronise watches
If you are going to accuse someone of failing to progress work diligently, then you'd better make damn sure you have given them the correct extension of time
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Talking about delays
Employers cannot demand damages when they hold up projects. But contractors can be liable if they fail to communicate when progress falls behind
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Root clauses
Beautiful trees are an asset to urban environments. But a recent House of Lords decision implies that tree owners may have wider responsibility than previously thought
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Killer argument
The industry seems to be rising to the challenge of improving site safety. Soon, those who don't take it seriously could find themselves guilty of more than negligence
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Doing the splits
Allocating responsibility for damage can stretch one's intellect at the best of times. But when there are four parties and their insurers involved, it's a question of…
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A spot of bovver
A High Court judge gave an arbitrator an earful and the boot for being so incompetent. But the arbitrator was still not liable for the costs of removing him
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Getting defects right
If your brand new PFI facility contains a defect that means the client can't use it, you won't get paid. How can you deal with that risk?
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Contract working
Contracts are the lifeblood of client/contractor relationships. But to make the new types of deal work effectively, both parties have to buy into the philosophy
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Two's a crowd
Tough developers who try to cut costs by getting Sir Raphael Bowtie to do the concept and Cheapskate & Prune the execution are just asking for trouble
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A letter from Hong Kong
How has Britain's former colony fared since it was handed back to the People's Republic? Here's the view on the ground of one QS who is working there
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Can I have some more?
When it comes to adding interest on to adjudication claims, justice has nothing to do with it. Confused? Just be glad you're not an adjudicator
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Two go mad in Devon
Why do people pretend that arbitrators are wigless judges? As the parties to Pillar vs Edwards found out, you can pay through the nose for very rough justice
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Absorbing the impact
Take care with environmental impact assessments because (a) they're tricky, and (b) a mistake could leave your precious consent open to a legal challenge