Opinion 鈥� Page 646
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The can-carriers
A spate of rulings on project managers have disproved the adage that they are mere paper pushers. Their role is wide-ranging – and so are their liabilities
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We'll all be losers
The Construction Industry Board thinks each side should pay its own costs in adjudication. This is all wrong and could even result in more cases ending up in court
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More bilge from Europe?
When Thames Water did nothing to stop a home being flooded by sewage, the common law of England was found wanting. The Human Rights Act mopped up the mess
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Legal letters
There is a place for retentionSir: As a project manager with a local authority, dealing with work ranging in price from hundreds to millions of pounds, I feel I must comment on Rudi Klein's article attacking cash retentions (4 May, page 57). Although I agree with a lot of what ...
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Who's suing whom
Writs issued in the Technology and Construction CourtUnex Investment Properties vs Alfred McAlpine and various othersUnex Investment Properties of Setchworth, Cambridgeshire, is suing Alfred McAlpine Construction, Forum Architects, Hannah, Reed and Associates, Keith Francis Pitts and Margaret Siobhan Pitts for damages for breach of contract pursuant to deeds dated 2 ...
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Dogs in the manger
Everyone agrees that construction must abandon adversarial practices – except for QSs. Why are they so out of step with the rest of the industry?
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Rapid response force
The DETR is consulting on how to make adjudication fairer and more effective. There's still time to let it know what you think
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Fuzzy logic
How far should consultants' drawings go in telling builders how to do their job? In theory a long way; in practice there's many a slip 'twixt cup and lip
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Minding the gap
Under the PFI, clients don't start paying until a facility is ready for use. The problem for builders is that this may be some time after the building has been completed
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All of a flutter
Despite the increasing popularity of adjudication, it still has some problems. Indeed, in some ways it is little better than a trip to the bookies
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Pevsner at 50
The 星空传媒s of England, published 50 years ago, was a triumph. Rather than telling us what to see, Pevsner freed us to see for ourselves
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Blame the parents
An effective way to get results in a dispute with A subsidiary is to launch an action against its parent company on the basis of a parent company guarantee
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Do what you do
Fish swim, birds fly, dogs bark and politicians lie. Similarly, lawyers have a duty to fight a hopeless case, even if they know they will lose. But they can't lie
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Life in the fast lane
If the client is to blame for a project running late yet refuses to grant an extension, the contractor may still be able to recover the costs of acceleration
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Too much of a good thing
Human rights legislation seems to have complicated almost every area of public and private life – not least in planning and construction
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What son-of-CIB is for
Michael Latham聽- The new strategic forum for construction is a boost for the Egan agenda that, on topics from partnering to safety and recruitment, will drive reform further
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What's mine is yours
Directors and partners should be quick to sort out who owns intellectual property rights – or they risk finding that the firm's interests outweigh their claims
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On keeping stumm
Bias isn't about what you really think or feel; it's about the impression you create. So think what you want, but for heaven's sake don't do it out loud.
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Invasion of the bodysnatchers
In the horrific world of name borrowing, a management contractor has to watch helplessly as its identity is taken by a works contractor and used to pursue its employer.
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Not bad, but not perfect
Jeffrey Brown presents the results of the Lee Crowder adjudication survey. It found that too many main contractors are dissatisfied with the dispute resolution process …