Legal Comment – Page 76
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Comment
Adjudication fees: Paying your dues
Instead of the losing party picking up the bill, a clause in the NEC adjudicator’s contract says parties should pay the fees in equal shares, but there are ways round it
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CommentWho picks up the bill for the riots?
If you’ve been affected by the riots check closely to see if you can recover any costs of the disturbances
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CommentTime is money
If adjudication is used as an in-depth, sophisticated examination of a dispute, expect to pay the price for it - especially if you’re the losing party
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CommentDodgy payment practices: Save us from ourselves
Journalism isn’t the only sector guilty of abuses. Construction’s own dodgy payment practices are legendary - but to be rid of them it will have to fall back on its own resources
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CommentPublic procurement: Part of the service
There’s been a surge in public procurement disputes in the past six months and the court is proving itself to be the ultimate one-stop-shop for tendering problems
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CommentAdjudicators: I've started so I'll finish
A referral may get ’lost in the post’ or a party may simply refuse to serve it but that doesn’t stop the adjudicator from deciding a case and making an award
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Comment
Asbestos legislation: It's a killer
Under pressure from the European Commission, the government announced earlier this month a consultation on beefing up asbestos legislation - employers take note …
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Comment
Dos and don'ts: Delay tactics on infrastructure projects
The latest in our dos and don’ts series looks at how employers on major infrastructure projects try to protect themselves from the consequences of late completion
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CommentEnvironmental impact: A thorny issue
The development process can quickly become tangled up in rules governing pre-existing flora and fauna. Here’s the lay of the land …
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CommentFair payment: Get some ZZZs
Fair payment. It’s what we all want, isn’t it? The government is backing payment promises, coming soon to a contract near you
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CommentTolent clauses: Read but don't weep
The new Construction Act stands accused of letting contractors force subbies into picking up all adjudication costs, but that’s an overly pessimistic reading of the legislation
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Comment
Converted offices: Too much homework
Fancy living in a converted office? The government wants you to but Jay Das thinks it’s a short-term solution that will create long-term problems
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CommentApportioning loss between a designer and a contractor
Where a designer and a contractor both contributed to a defect, the losses are normally split 20/80. But if the designer’s duties increase, so do its apportioned costs
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CommentInterim valuations: Doing the sums
Most of us think that a withholding notice is a must if an employer wants to hold back any sums due. But one judge says this only applies to sums in interim valuations
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CommentJCT contracts and the Construction Act
All standard contracts are being revised to conform with the new Construction Act, and the JCT is the first to unveil its payment terms. Here are the changes you need to know
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CommentJudges: So very PC
Judges have a reputation for being stuffy and old fashioned. But they’re actually as tech-savvy as teenagers and use their skills to speed cases through the courts
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CommentConsequential loss: Network Rail
Consequential loss following a negligent act can mean big money in compensation. Just ask Network Rail
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Comment
The Tolent clause: Making a horlicks
Last week the government gave the all clear for the new Construction Act, completely failing to listen to the industry’s concerns about the Tolent clause loophole
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CommentAdjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
Can defendants make counterclaims in an adjucation without a withholding notice, as part of their defence?
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Comment
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