All articles by Andrew Hemsley – Page 2
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Cleverness isn't enough
Contracts may have become more sophisticated in the way they handle dispute resolution, but there's a basic problem they can't address. Only you can
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All of a flutter
Despite the increasing popularity of adjudication, it still has some problems. Indeed, in some ways it is little better than a trip to the bookies
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Man of the match
Andrew Hemsley - Whatever you may think of it, clients are using PPC2000, which makes the role of partnering adviser crucial to a project's success
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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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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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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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Best of both worlds
The benefits of a hybrid procurement route on major projects can be lost by the failure to agree a contract sum. All that is needed is a proper strategy on risk
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Features
Do prime numbers add up?
Prime contracts promise much for contractors: better margins for a longer period, repeat work with a reliable client – and a significant increase in liability. Here’s why.
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Certifiable consultants
If you get the job of independent certifier on a PFI project (and the liabilities can be scary enough to put consultants off) how much checking do you actually have to do?
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Holes in the net
Insurers want to exclude e-business transactions from surveyors’ insurance. But firms are taking all the necessary precautions with their electronic output, aren’t they?
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Gatecrashing parties
New legislation giving rights to third parties is a bona fide grey area, and contracts will have to exclude it until the courts can set out some case law. It is also a wonderful opportunity …
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How to lose before you start
The Construction Act's payment rules have been overshadowed by adjudication. However, in tandem, they give contractors a super way to pole-axe an unwary client.
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An offer you can refuse?
When does an offer constitute a contract and when is it merely an invitation to treat? With e-commerce pricing errors increasing, it is as well to prepare to withdraw or amend.
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Law in the electronic age
Electronic data management is the future for construction consultants. It's just terrific. The problem is that the legal and commercial framework doesn't support it yet.
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Green carrots, please
First person Tax breaks on green construction would encourage developers and provide a new revenue stream for QSs.
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What’s your motivation?
The perennial problem of how to motivate contractors to perform as well as they can has a new solution key performance indicators.
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Features
Fee enterprise
The JCT s draft consultants agreement is intended to reduce conflict in the industry. In fact, it may do the opposite.
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Joining forces
First person The deal between QS Currie & Brown and Ernst & Young has revived the debate about alliances with accountants.
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Loose change
First person Construction is embracing change. So why is one industry body opposing a move to streamline the building process?
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Cooking with Mace
Can you make a profit from guaranteeing a maximum price? Despite Laing's Cardiff nightmare, Mace's new move suggests you can.
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