All articles by Ann Minogue – Page 2

  • Ann Minogue

    It was the torpedo, stupid


    Everyone finds global claims confusing but a Scottish court armed only with common sense and a First World War U-boat has helped us all out

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    Return to sender


    Attention all clients! If an adviser turns itself into a limited liability partnership and writes to ask you to change your contracts accordingly, don't. This is why …

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    Ann Minogue welcomes us to the tedious, futile, wasteful, aggressive, pointless, hypocritical, irrelevant, bullying, baffling and pretentious world of her top 10 pet hates

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    Diabolical liabilities


    The Construction Industry Council is reponding to changes in the insurance market by insisting that the client takes on consultants' extra risk. This won't do

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    Spec savers


    If you're expecting someone to do a load of work for you on a speculative basis, you'd better keep reminding them that that's the deal – or you'll end up paying

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    Grumpy? Van Morrison?


    You may go to great lengths wording a contract to protect your interests but if you then go and wrongfully terminate it, you'll pay – even if you are a troubador

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    I think we need to talk


    Email and CAD have revolutionised information exchange, but unless everyone is using the same system, technology can create more problems than it solves

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    Secret squirrels


    Confidentiality is not the preserve of film stars and BBC journalists – obligations of confidence are intrinsic to your common or garden construction contracts

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    Single cream


    Does the JCT's major projects form offer the kind of single point responsibility that those who use design-and-build procurement require? Well, actually, yes

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    A concrete example


    The widespread amendment of design-and-build contracts heaps undefined risks on contractors and breeds disputes. But soon all cards will have to be on the table

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    Sail or return


    You buy a yacht for a cool quarter of a million, sail around in it for six months, decide you don't like it and ask for your money back. Fair dos – or taking the mick?

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    Hands off


    When contractors go bust, clients are often left with no way of recovering materials already paid for. Here's how to make sure that doesn't happen to you

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    Pitch battles


    With exorbitant interest clauses and dodgy transfer deals, football is not such a funny old game in the courts. For once, construction can just take a seat and spectate

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    It's a dead cert


    Non-standard collateral warranties are set to re-emerge – and as their interpretation is so unpredictable, we'll no doubt soon be begging to see the back of them

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    Closing time


    Clear contractual arrangements can save arguments over when practical completion has occurred. But be careful – an overly stingent definition can backfire

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    Life should mean life


    What's the point in paying for long-life products if you can't sue when they fail after the limitation period? Not much – but fortunately, a new law is on the way

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    Incident at an injunction


    Philandering footballers and fiery models are known for firing off injunctions, but they do occur in construction as well – unless the claimant applies too late

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    Good practice vs Dracula


    The construction industry regards fitness for purpose with horror – but, as a recent Court of Appeal case demonstrates, there's really nothing to be afraid of

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    The reckoning


    Is adjudication living up to our hopes? Hardly, when it has increased disputes, failed to deal satisfactorily with complex cases and become prey to bully-boy tactics

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    Variation, and a theme


    If you sign a long-term deal with a client, congratulations. And if you haven't ensured you can keep up your end, commiserations. You're at the mercy of fate …