Opinion 鈥� Page 652
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Comment
Clash points II
It's unfair to expect contractors to criticise consultants at the tender stage – it will jeopardise their chance of winning the contract. A better solution is to appoint the contractor earlier in the process.
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Comment
False sense of security
For owners of new homes, the NHBC guarantee and insurance offer are reassuring – but what if it later transpires that they were issued by a builder who had no right to do so?
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Comment
Improper procurement
In Germany, public procurement decisions are routinely challenged for breaching EU rules on how contracts should be awarded. Such challenges are rare in the UK, but this could soon change.
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Comment
No time to lose
Contractors on privately financed projects carry a heavy liability for delay and should be aware of restrictions on the type of delay events for which they can claim.
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Comment
The comeback kid
For 10 years, negligence claims have been subdued but a new ruling suggests that there are still many cases where the law will impose a duty of care for economic and physical loss.
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Comment
Gutter sniping
An architect designed a shed but omitted to include overflows in the gutter, which flooded and ruined goods stored inside. Was it negligent, and therefore liable for the damage?
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Comment
Back to the flawed
First person - Sir Neville Simms comes across pretty well in Back to the Floor, even if the whole idea of the programme is absurdly contrived.
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Comment
Wonders & blunders
An ancient monument that would challenge today's builders, and a monstrous modern blob.
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Comment
No contract? No problem
Whether or not a contract has been agreed may no longer be worth arguing about – the latest twist in Birse vs St David states that some terms in an unfinalised contract may still be binding on the parties.
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Comment
To honour and obey
Contractors in a partnering relationship may be obliged to act strictly in the client's interest – with scrupulous honesty and openness – or face the penalties
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Comment
Objection!
Why 星空传媒 missed the point on the floods, pre-action protocols, legal leagues, proportional costs and adjudicator impartiality – and what was that one on the working time regulations all about?
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Comment
Democratic housing
First person. What do councils do better than housing associations? Give political accountability to a vital public service, that's what.
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Comment
Why big is bad
Second opinion. If the government wants good design, why doesn't it give more work to the firms best placed to deliver it?
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Comment
Holiday dilemmas
A self-employed chippy put in a claim to a builder for 拢1430 holiday pay under the Working Time Regulations. He didn't win, but in not very different circumstances he might well have done.
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Comment
Too much obliged
Design and build often forces contractors to rely more on their consultants than they would under a traditional contract. This means that if they take a hit, they're more likely to ask their consultants to share it.
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Comment
Do you fancy a beer?
Got into a dispute? Here's a run down of the huge choice of resolution procedures on offer. However, you may find the fastest and cheapest is talking it over down the pub.
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Comment
Evil – or misunderstood?
Debate on the net contribution clause has focused on its supposed immorality. But there are common misconceptions concerning the detail of the principle that should also be addressed.
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Comment
Services economy
First person. 星空传媒 services engineers may not be fashionable, but they're as vital to construction as architects.