Opinion 鈥� Page 651
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Power corrupts
First person - British construction is thankfully free of corruption, but as more power is put in the hands of fewer people, this may change.
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Ask yourself this
How would you feel if an adjudicator decided your case on a question you didn't ask her, without giving you a chance to put your views on it? And do you think a judge would agree with you?
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Stand up for their rights
Consultants can fall foul of the Human Rights Act if they are deemed to have contravened one of its provisions while acting for a local authority or other public body. So it makes sense to watch your back.
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Getting off the hook
If a designer makes a mistake, when does the obligation to correct it expire? After the relevant bit is built? After practical completion? After the final certificate? Or never …
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Europe's grey area
If you get a grant from the state and I don't, surely you'll be at an unfair advantage if we compete for a job. The European Court of Justice was asked to consider this point – with disappointing results.
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Box clever
First person - The HBF is doing nothing for housebuilders' tarnished reputations. It needs to let go of the past and start getting radical.
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A cold climate
While the introduction of the climate change levy may make Britain look impressive on the world stage, it is unlikely to make the government anything but enemies closer to home.
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Why we've legalised theft
The courts will enforce an adjudicator's award, even if everyone knows it's wrong and the claimant is committing daylight robbery. But surely they have an absolute obligation to dispense justice?
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Extra ammo for clients
Adjudication is usually thought of as a concern for builders and their employers. However, clients may like to know that it makes it easier for them to get at the design team, too.
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Tangled web we weave
Who'd be an adjudicator right now? Recent conflicting judgments on the impact of human rights legislation leaves them operating in a most uncomfortable framework.
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Classic FM
First person - Soon, facilities managers will be a key part of the design team – who else knows how much a building will cost to run?
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Long to reign over us
In a special feature-length programme on BBC2 last Sunday, Jonathan Meades expounded his theses on High Victorian architecture. John Fidler of English Heritage was watching …
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Trench warfare
Plans were studied, cable-locating devices were used and care was taken, but the builder still managed to sever three live cables. So was the builder negligent?
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But you promised!
If someone wants you to do work for them free, gratis and for nothing, on the understanding that they'll give you a job later, can you get paid if they don't? A recent – and largely unnoticed – case says you can.
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Adjudication in the bushes
Spend six months preparing your claim, spring it on your quarry when it's least expected and refuse any extension of time. Result? You lose when you get to court.
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A sustained argument
First person - Green skyscrapers are all the rage, but until their ecological claims can be proved, we should regard them with scepticism.
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Going for goal
Back in 1987, a company employed a contractor to build an office block. For the past decade, they have been in constant litigation. They've already had one shoot-out in the Lords and it's not over yet.
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Breaking down barriers
The Association of Consulting Architects has launched a standard form that aims to write partnering into the contract. This is the first of two articles assessing its chances of, in effect, legislating for virtue.
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Guarding your provisions
Collateral warranties require care and attention. Watch out for assignments, notice clauses, duration, entrenched rights in contract, tort and statute, and, of course, jurisdiction.
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Clash points
The inexperienced employer does not always know what to look for when reviewing tender documents. Why can't the contractor help by providing objective advice at this stage, rather than complaining later?