All articles by Ian Yule – Page 3
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CommentLet's be practical: Challenging a certificate of completion
Even when a ‘final and binding’ certificate of completion is issued, there may be room for the parties to challenge the validity of the decision
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CommentNow you’re asking for it: Performance bonds
Feeling the pinch and tempted to sign up to the harsh conditions of a performance bond? Read this first
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CommentThe reluctant litigant: name borrowing
Getting someone else to fight your PFI dispute battles for you can be uncomfortable for both parties – name-borrowing may be a better solution all round
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CommentPFI: Opportunity still knocks
Although PFI disaster stories receive a fair bit of publicity, they haven’t dissuaded contractors from signing up
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CommentJCT Building Management contract
The concept of the management contract has come in for a lot of flak from a lot of critics in the past but the new JCT model is certainly the best in class
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CommentCompensation claims: That’s all, folks
A home that is built defectively may bring the owner years of inconvenience. How much ought the owner be compensated for this? Well, forget what you’ve read about such settlements in the US …
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CommentThat’s better – but not by much
The RIBA standard form has been revised and two particularly irksome clauses have been amended. But don’t go overboard. It is still biased in favour of architects. ‘Go bespoke’ seems to be the message
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CommentA little light relief
A revised Treasury document on PFI contracts makes some useful changes – for instance, on variations and on dispute resolution. It should make life slightly easier for building contractors
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CommentA stand-up row
Surely it was the operator’s responsibility to alleviate overcrowding on the crammed trams of Croydon? Well, not unless a performance standard was agreed in the PFI contract
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CommentGuilt by association
The rules of bias can apply differently to arbitrators and judges. But if you are hoping to use apparent conflicts of interest within a practice to dodge a decision, beware of looking opportunistic
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CommentGet your head round this
Jack Lemley is to run Olympic projects under the NEC3 standard form, about which there is ‘massive ignorance' in the industry. So how can it wise up?
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CommentMr Jackson's justice
Up until now, PFI contracts have contained clauses intended to separate contractors from their statutory rights. This is not lawful
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CommentEvents, dear boy
New rules on compensation events in the third edition of the New Engineering Contract mean it is fraught with difficulties for the unwary employer
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CommentContext is everything
Contracts are not simply about the words on the page, as their meanings can be ambiguous and cause incorrect assumptions to be made. These cases prove that …
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CommentNo more party games
The interface agreement is a neat device that PFI special purpose vehicles can use to avoid ‘pass the parcel’ between subcontractors. However, the rules are getting complicated
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CommentIsn’t it obvious?
You may not be entirely surprised to learn that when it comes to construction law the most obvious meaning of a word isn’t necessarily the right one. Context is all
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CommentBeware your friends
If two firms snuggle up, and then one finds that the other is (metaphorically) picking its pockets, can it get a judge to intervene? The Court of Appeal had this to say …
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Comment
Six letters that spell disaster
Here’s a case involving Arup and a power station in the Philippines – and it demonstrates the kind of damage one man can do in five seconds armed only with a biro
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Comment
Now everyone’s unhappy
It used to be simple: you lost the case, you copped the entire cost of the trial. These days the situation is so complicated that it can be difficult to tell who’s won and who’s lost
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Comment
I've put the bomb there
If a project manager supervises the installation of a fire risk, then warns its client that it has installed a fire risk, does the warning absolve it of blame after the inevitable fire?
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