Opinion 鈥� Page 644
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Cut and run
Sports authorities are scraping around for money to build an athletics stadium for the World Championships. Tough. The government would be crazy to fill the gap
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… and justice for all
Introducing conditional fees would be a quantum leap for the civil justice system. It'd give better access to justice – but it wouldn't be without risks, either
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Too close to call
Should an arbitrator accept evidence from an expert witness if that witness has a close personal or business relationship with the party that engages them?
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New wine in old champerty
Once upon a time conditional fee arrangements for court cases were unenforceable. Things are changing, but we are not yet in America
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Let's stay together
Ken Clarke and Iain Duncan Smith should make a deal, rather than spending the summer slugging it out with each other. Some chance …
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Emergency exit
Asking the engineer for an indemnity is not the best way out of the fix Carillion got itself into with Blyth & Blyth. But fear not – there are other ways of escaping
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Speaking volumes
New editions of important books: the first does wonders for our understanding of dispute management; the second is a weighty tome on contract law
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Peace, love and understanding
Those who already approach partnering in the right spirit will probably welcome the new NEC partnering option's emphasis on a less confrontational attitude
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All very civil
The pre-action protocol can settle a dispute with the minimum of cost and delay, and the maximum preservation of good will. Why don't we use it more often?
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Regeneration: Go for it, Gordon
Homeless families, hog-tied developers and economic weakness: all are products of our sclerotic planning system. Can Gordon Brown save us?
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Picking up the pieces
Since Blair's carve-up of government machinery, the political pressure that makes things happen in construction has all but evaporated. It's another fine mess
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California, here we come
Seven years ago, a national prequalification list was proposed for contractors. Little has come of that, so now it's time to try something else
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Take notice
Judges have been in a right muddle over payment notices, but a recent judgment should put them – and adjudicators – back on the right path
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Something better change
The NHS Executive says that its standard form contracts for PFI deals should be used largely unamended – but actually, there's no way the parties can do that. Here's why
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Getting out of a hole
A contractor that damages cables or pipes while digging up the road must pay for repairs – but what other costs might it face?
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Comment
Same difference
Globalisation means that so-called 'traditional' building styles are just fake. They will remain a sham even if we enter an age of greater regional autonomy
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Nothing by halves
If an adjudicator fails to take into account part of your defence, can you get their decision overturned? Frogmore Investments found out …
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Clinging to the wreckage
After the collapse of Independent Insurance, We ask what to do if your insurer goes bust
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Cover your back
We examine 'after-the-event' insurance, which can keep you out of trouble in big court cases