Opinion – Page 649
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Comment
Vehicle for change
David Mosey - Those who say writing partnering into contracts is a mistake are behind the times. The new way of working offered by PPC2000 is already a success
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Rules of attraction
Michael Latham - It's no wonder there's a skills shortage when the construction industry does so little to make itself attractive. Stop blaming others – it's we who have to change
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Ministerial meddling
Gerald Kaufman - Wembley, Picketts Lock and the new British Library all have one thing in common: government intervention. In no instance did it help at all
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Not entirely acceptable
Rachel Barnes - Consultants asked to agree to "entire agreement clauses" in their terms of appointment should be careful: they could find that they're losing fundamental remedies
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Holding on
Tony Bingham - An adjudicator has told you to pay money to a firm veering towards insolvency, against which you have a counterclaim outstanding. Must you pay?
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Not the best of all possible worlds
Simon Lewis - Because the NHS standard form for PFI contracts assumes a greenfield site, it is geared to conditions that may not reflect those faced in reality
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A declaration of war
Andrew Hemsley - There might be a faint whiff of partnering about Defence Estates' prime contract, but don't be deceived – it's almost deliberately adversarial
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Rethinking partnering
Colin Harding - Forget meaningless buzzwords, it's time for the industry to come to terms with the Egan reforms and work together in a genuine spirit of partnership
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Under starters orders
Regeneration In the first of a new series, Chris Brown explains how European bureaucracy is stifling the British industry's attempts to kick-start the urban renaissance
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Watch what you say
Ann Minogue - Project managers should take care not to say something in post-tender negotiations that turns out to be untrue – it's a whole new area of potential liability
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Playing for both sides
Tony Bingham - An adjudicator turns into a mediator to settle a dispute, and then turns back into an adjudicator when things go sour … but has he compromised his impartiality?
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A question of trust
Richard Davis - If a contractor and client set up a construction trust to protect subcontractors and it is subsequently cancelled, is the contractor liable for breach of trust?
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How to pick a fight
Anthony Morgan - Contractors desperately need a reliable "ready reckoner" to assess the merits of different forms of dispute resolution – before they get in too deep
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A dull, grey city
Jonathan Meades - Dreary old subfusc London is the victim of a conspiracy between church, state, clients and conservationists. Why can't we have some colour in our capital?
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I beg to differ, m'lud
Rudi Klein takes issue with Judge Anthony Thornton's recent article in Ðǿմ«Ã½. Adjudicators are not a public body, and the Human Rights Act does not, therefore, apply to them
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Vengeance is mine
Tony Bingham - A series of rail disasters has led to the introduction of the offence of "corporate killing". It may satisfy the public's desire to see justice done, but will it do any good?
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Critical conditions
Tim Elliott - Watch out for the "exclusive remedies" clauses in two M&E contracts. They rule out claims for breaches of implied term and claims for breaches not in the conditions
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Heading for the hurdles
Julian Holloway - It's now supposed to be easier for lawyers to handle disputes on a conditional-fee basis, but all sorts of obstacles have been put in their way. Is it too big a bet?
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Comment
No beauty contest
First person - Who could replace Marco Goldschmied, the outgoing RIBA president? The candidates are going to find him a hard act to follow.
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Making your mark
Second opinion - Young people think building is boring. We need to show them that a career in construction has tangible benefits.