All articles by Ann Minogue – Page 3
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Another fine mess
How far does a contractor's liability go for any design work that it does? The answer is, as far as the parties let it – each standard form defines it differently
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Doing the splits
Allocating responsibility for damage can stretch one's intellect at the best of times. But when there are four parties and their insurers involved, it's a question of…
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The industry's black sheep
Recent cases suggest that consultants and their advisers are becoming too defensive. If this continues, there's a danger they'll lose the goodwill of the industry
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Break with past, Melinda
To argue against the third party rights act, as Melinda Parisotti did, is to argue in favour of a disaster. Not surprising, then, that the reasoning doesn't bear examination
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Emergency exit
Asking the engineer for an indemnity is not the best way out of the fix Carillion got itself into with Blyth & Blyth. But fear not – there are other ways of escaping
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The can-carriers
A spate of rulings on project managers have disproved the adage that they are mere paper pushers. Their role is wide-ranging – and so are their liabilities
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Alternative medicine
Ann Minogue - Some of the touted alternatives to retention are not all they're cracked up to be – but there are other ways to overcome the ills that they seek to remedy
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Knock-on costs
Ann Minogue - Demolition contractors can be liable for damage to adjoining buildings – even if they could not have foreseen its precise cause
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Watch what you say
Ann Minogue - Project managers should take care not to say something in post-tender negotiations that turns out to be untrue – it's a whole new area of potential liability
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Similar, but not the same
If an architect's drawings are used to obtain planning permission for a project and the architect, for whatever reason, then has no further involvement, can the project proceed without infringing its copyright?
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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?
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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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The chickens fight back
Tony Bingham believes that Discain won't make a huge difference to the adjudication system. Not so, says Ann Minogue: the case will spawn a host of further challenges to adjudicators' decisions.
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Features
Top of the form
A new standard form of subcontract for use on government work has been condemned by the Constructors Liaison Group as “utterly flawed” and “dreadful”. Do any of its attacks stand up to examination?
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Features
Causing death and saving lives
The government is concerned that a firm can be prosecuted and convicted for the death of a worker, and then get away with a paltry £1000 fine. So, it has come up with two initiatives. But only one will work
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Features
Clash points
Experienced clients have been involving specialists early for over a decade. It s the inexperienced customers that rely on the advice of consultants and might not be fully aware of the benefits.
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Defects myths exploded
So you think you know about defects? Well, the truth behind these 10 commonly held misconceptions might prompt you to brush up on your knowledge about repairs liability – before you become a liability yourself.
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Dodging two-stage pitfalls
Egan’s model of open-plan tendering can be undermined by contractors careful to cover their backs. But trouble can be avoided by getting into contracts early, or by building in some controlled competition.
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Features
Clash points
Pay-when-paid has been outlawed at the end of the subcontract chain, but the industry is still passing risk to firms in the middle. Why not have stand-alone contracts with each party accepting its share of liability?
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Features
Conspiracy theory
This is the story of how a consulting engineer and a developer misled a client over practical completion, the role a collateral warranty played and how more than £1m was spent in pursuit of less than £13 000 damages.
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