All articles by Philip Harris
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CommentLegal: All together now
It’s time to draw together the scattered pieces of construction law to form a uniform construction code, say Rudi Klein and Philip Harris
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Comment
Biting back
The Latham review into payment provisions under the Construction Act recommends removing the need for a payer’s notice. In fact, what it really needs is more teeth
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Rethinking arbitration
The unmitigated success of adjudication leads us logically to reassess the potential of a streamlined version of arbitration to deal with more complex cases
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Now you're talking
The CDM health and safety regulations are unpopular and ineffective. Well, what if they came in the form of contractual terms and the right to compensation?
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Some very bad news
The Court of Appeal tells us contractual terms must be in writing for a dispute to be adjudicated – which doesn't take any notice of how business is actually done
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Do your groundwork
Contractors must be sure at tender stage of the terrain they are expected to work on – or they could find themselves in a legal minefield later on
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Comment
On shaky grounds
Few neighbour disputes can match those that begin when shared foundations need work. The Party Wall Act is there to help resolve such disputes – but does it?
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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?