All articles by Dominic Helps – Page 3
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One-nil to the chickens
Dominic Helps - At last, we have the final judgment in Discain vs Opecprime. By backing Opecprime, the judge has made the lives of adjudicators everywhere more difficult.
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Fatal beauty
It may look like a lawyer's dream come true, but the Association of Consultant Architects' new project partnering contract could actually be a nightmare to get along with.
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Danger – slippery law
If an adjudicator makes a decision that contains an obvious mistake, then tough. It’s supposed to be a rough-and-ready system for settling disputes … But then again, surely that’s too ridiculous to be true?
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Three cheers for Raynsford
With the Construction Act nearing its second birthday, Nick Raynsford should be giving himself a pat on the back for pushing it through. But he could do more, such as allowing adjudicators to correct their mistakes.
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What’s done is done
Once an adjudicator has made a decision on a case, it cannot be settled again by another adjudicator. That is, as long as the judge does not rule that they are substantially different disputes.
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Features
About time, too
In his third and final article on how an architect is supposed to decide extensions of time, Dominic Helps reveals the identities of the parties, the facts of the case, and the decision of the court.
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Features
Is Woolf working?
However fine the Woolf reforms sound in theory, the fact is that a third of parties have abandoned the courts since they were introduced. This would appear to be because, in practice, Woolf is making justice a lottery.
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Features
Old chestnuts under fire
What should an architect or arbitrator take into account when determining a contractor's entitlement to an extension of time? With two fundamentally different approaches, it's a hard one to crack.
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