Gillian Birkby
CommentCDM Regulations: On a role
The Construction (Design and Management) Regulations 2015 came into force last month, but misunderstandings remain over principal designers and CDM co-ordinators
CommentHave your say on CDM changes
The HSE is asking for feedback on its draft CDM regulations so this is a chance for the industry to consider how the proposals will affect businesses and whether standards will be raised
CommentEnigmatic variations
Variations are difficult to avoid in construction work, but two recent cases show that there is plenty of scope for disagreement over how they should be valued
CommentWho's best for BIM?
Appointing a BIM manager early on a project is important to gain maximum benefit and avoid disputes. Is there already someone on the team who could take the job on though?
CommentNew asbestos regulations: Legal points to remember
Contractors dealing with non-licensed work will have to give asbestos regulations a little more thought after the changes from 6 April
CommentDesign and build contracts: There's always a risk
Design and build contracts were meant to prevent claims arising but, as the M6 toll road project shows, the one-stop shop approach can still lead to the courts
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Whiff of victory
A group of residents accused a landfill site operator of causing a ’nuisance’ with unpleasant odours, but the company’s environmental permit gave it protection
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Too much information
Freedom of information legislation can expose firms contracting with public bodies to commercial disadvantage. A recent appeal court ruling recognises this
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Appointing consultants: Bully-boy tactics
The suspicion is growing that public authorities are using their dominant position to impose onerous conditions on consultants’ appointments. It’s the last thing the industry needs
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Electro-shock blues
What happens if an electricity company refuses to lay cables on a developer’s neighbour’s land without its consent? A lot of strife for the developer, that’s what
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It means what you want it to mean: Force Majeure
‘Force majeure’ can mean just about anything, which is a problem if you want to invoke it in a contract dispute. So, how is this Napoleonic throwback best used?
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Early warning
The Corporate Manslaughter and Corporate Homicide Act comes into force on 6 April next year. Take a tip from us: make sure you’re ready for it
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Genesis: the birth of a regulation
Delegated legislation plays a huge part in the life of the construction industry and it makes sense to know how they come into being in parliament
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... and do the right thing
Gillian Birkby, who assisted the HSE team that revised the regulations, outlines the role of the CDM co-ordinator and the duties of clients
CommentThe limits of trust
Me and my client, we're buddies, alright? It's one terrific partnership. Of course we trust each other, adore each other … contract? Pah! Hang on, I'm liable for what…?
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High stakes
Five years after the fatal crane accident at Canary Wharf, the HSE has failed to bring any prosecutions. But lessons can be learned from a related court case
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Welcome to castle Bolkestein
The proposed European Union services directive, or Bolkestein’s monster, as it’s known, could produce a playing field with so many bumps that standards suffer