Legal Comment – Page 54
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CommentWhat does the Lewisham Hospital decision mean for the NHS estate?
Services at Lewisham Hospital were saved by the recent Court of Appeal decision, but at what cost to future capital investment?
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CommentWe need to talk about BIM
BIM is famously the magic formula that will get the industry working together in peace and harmony. But it looks awfully like a way of shifting risk onto subcontractors …
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CommentLetters of intent: Start as you mean to go on
The ongoing dispute between Volkerfitzpatrick and Keller shows the dangers of failing to back up a letter of intent with a finalised, formal subcontract
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CommentIslamic finance: Open for business
David Cameron wants to issue the first Islamic bond outside of the Muslim world. Hamid Yunis, one of the people consulted on the government’s plan, looks at what this could mean for the UK construction sector
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CommentDefining due diligence
An obligation to exercise ‘due diligence’ is a common term in construction contracts, but what does this entail? A recent TCC case provides some guidance
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CommentIs it time to crack the Code for Sustainable Homes?
The government’s Housing Standards Review takes aim at the Code for Sustainable Homes. Our columnist assesses the different options that could replace it
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CommentAlternative dispute resolution: Silence is golden
Engaging in an alternative dispute resolution is not compulsory but ignoring an invitation to participate is likely to lead to costs sanctions
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CommentECO funding: So what happens now?
ECO was supposed to provide support to the government’s Green Deal financing structure – but things haven’t really worked out as planned
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CommentE-disclosure: A clearer path?
As electronic communication and documents become increasingly ubiquitous, procedures around disclosure have to be updated to keep up
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CommentCorruption: Time for a deep-clean
A CIOB survey suggests that corruption is still rife in construction. So what more can be done to remove this stain on the industry’s reputation?
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CommentTaking over provisons: Risky business
Should an employer accept that gaining access pre taking over or practical completion will involve transfer of risk?
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CommentAdjudication rules: Rewrites and wrongs
A main contractor can write its own subcontract adjudication rules if it wants, but the chances are they won’t change anything and they could end up as a PR disaster
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CommentHousebuilding: Missing the target
The sector is on the up but we’re not building enough to solve the housing crisis. What obstacles does the planning system present and how do these vary around the UK?
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CommentPractical completion: Are we there yet?
Most of the time in life we know when something is finished but how do you define when a building is ready
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CommentLegal costs and interest: Calculators at dawn
The parties in the Museum of Liverpool case have just trooped back into court to settle the matter of legal costs and interest to be paid - a battle almost as contentious as the case itself
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CommentDo your paperwork
Design-and-build with novation is an attempt to reconcile the conflicting requirements of single-point responsibility and design control, but to work it needs clarity from the start
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CommentCollaboration: All for one and one for all
Alliancing, a form of collaborative working, can make for a non-contentious relationship between parties, foster a no claim/no blame culture and keep costs down. What’s not to like?
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CommentOUP Construction Adjudication and Payments Handbook: Hernia-inducing tome
OUP’s Construction Adjudication and Payments Handbook is a wonderful resource, with key cases and commentary to boot – but at 542 pages, why oh why is there no online version?
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CommentMake sure you do your homework
This case demonstrates the importance of checking the financial standing of who you contract with
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CommentPlanning for stadiums: A sporting chance
Applying to build a sports stadium in an urban area can lead to a number of planning issues. But developers and contractors should point out the benefits it can bring to the community