Opinion 鈥� Page 650
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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.
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Looking for trouble
A claim isn't the same thing as a dispute. You can't call for an adjudicator or arbitrator until you've given the other party a chance to respond to your complaint.
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Fatal beauty
It may look like a lawyer's dream come true, but the Association of Consultant Architects' new project partnering contract could actually be a nightmare to get along with.
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Where do we go from here?
Rumours of the death of collateral warranties have been greatly exaggerated. In fact, they are continuing to grow and evolve. Here are some trends to watch for.
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Time is money
Companies face heavy financial burdens if they fail to hit PFI deadlines. Even if they obtain a time extension, which is rare, it is not a Get Out of Jail Free card.
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A death in the family
First person - There isn't exactly a rush to buy Laing, but with funeral costs mounting, the owners need to appoint an undertaker soon.
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As clear as mud
Judges have to tell a losing party why they lost, and if they don't, they run the risk of having a judgment set aside by a higher court. And that's something adjudicators should think about, too.
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The price of perfect justice
Thanks to the Woolf reforms and a recent chancery ruling, parties that win an arbitration on one good point but bring up other issues that have no legal merit may find themselves paying the costs of the loser.
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It never rains but it pours
Designers, contractors and authorities that neglect to consider the impact of building near rivers could find themselves liable for flood damage caused downstream. Take care.
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Grounds for debate
Unforeseen problems with ground conditions are a major headache and it's crucial to be clear about where the risk lies in the contract. But this is debatable, especially on PFI projects …
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Not-so-great court
First person - The British Museum's Great Court opened to critical acclaim, but it's a big let-down, and the reading room is far worse.
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Eek a mouse!
Process engineering work falls outside the scope of the Construction Act, so adjudicators would have no jurisdiction in a dispute involving process giant ABB – or would they?
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Adjudication on trial
There are strong arguments to support the view that the Human Rights Act does apply to adjudication. If that really is the case, does it mean that the whole process will have to be abandoned?
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Reasonable precautions
The government's new facilities management contract is flexible and reasonably fair. However, there are one or two things to beware of before you sign on the dotted line.
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Red tape costs lives
First person - This government has done a huge amount for construction, but it needs to realise that bureaucracy does not stop accidents.
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Time to admit it
Second opinion - The government seems to be very proud of its anti-cowboy quality mark scheme. Why?
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Raising some interest
Late payment has traditionally been a fault of construction's big boys. But new legislation means that smaller firms will have to make sure they pay their bills on time, or else incur the penalty.
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Similar, but not the same
If an architect's drawings are used to obtain planning permission for a project and the architect, for whatever reason, then has no further involvement, can the project proceed without infringing its copyright?
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Tending towards safety
Despite the CDM regulations, site accidents are on the increase. Beyond CDM, there are several practical steps that can be taken at tender stage to instil a culture of safety on site.
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Out of control
Adjudication was set up to provide a quick, effective way to sort disputes. In fact, it's proved all too effective – it's growing at an incredible rate, and turning site relationships into mangled wreckage.