Legal views – Page 46
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CommentConsultants: Know your limits
Consultants have a duty to exercise reasonable skill and care. But is there any clarity as to how far they need to go so as not to land up in deep water?
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CommentE is for Energy (you’ll need it)
The perils and pitfalls of minimum energy efficiency standards for commercial landlords are highlighted by new regulations set to come into force in April 2018
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CommentAdjudication: A red card for the bullies
An adjudicator has to decide disputes without fear or favour, but how can they do this when bullying is so widely considered to be just part of the game?
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CommentBlacklisting: Trouble in store
An engineer who seems to have been a victim of blacklisting was not entitled to compensation because he was engaged via employment agencies
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CommentBattle of the dictionaries
A recent case shows how contractors wishing to insure against liabilities need to be clear about the meaning of key words
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CommentConstruction contracts: Global branding
UK construction and UK law are both recognised as quality products. How do our construction contracts translate to other jurisdictions?
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CommentWhen an inspector calls
A new code of practice concerning powers of entry could affect site inspections for construction companies
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CommentLike it or lump it
By using lump sum design and build contracts developers can require a contractor to bear financial risk
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CommentRetentions: Fit for purpose?
There have been problems with retentions ever since they were introduced to ensure builders finished a job to a good standard. But finding an alternative has proved elusive
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CommentContract variations: Crystal balls at the ready
A dispute with Winchester council over changes made to a 10-year-old development agreement could lead to local authorities attempting to pre-empt contract variations
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CommentContracts: Handle with care
In an industry which is notoriously casual about contractual procedure, firms must make sure they are ticking all of the correct boxes, especially when dealing in foreign markets
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CommentThe perils of perfection
Design consultants usually fear getting sued for producing work that fails to perform as it’s supposed to. But they can also end up in court if their design is too good
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CommentBIM: Are you ready for this?
The government is spearheading a drive towards the new generation of building information modelling. What impact will BIM Level 3 have on the way construction works?
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CommentEyes wide shut
Companies have been ignoring applications for payment for decades even though doing so invariably lands them in a whole heap of trouble
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CommentManaging the risk structure
What happens when a design under an EPC contract is not negligent but adds expense to the project? This case explores where liability for the additional cost might lie
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CommentFinal certificates: It’s not over yet
Challenges to a final certificate through the courts or by arbitration are straightforward but if a contractor challenges via adjudication then procedural mishaps can occur
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CommentCDM regs: Two steps back
As a member of the working party that drafted the 2007 CDM regulations, Rudi Klein explains why the 2015 update represents a retrograde move for the construction industry
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CommentICC: There’s a new guy in town
Many employers procuring civil engineering projects have turned to the NEC reluctantly and for want of any alternative. Now the ICC has positioned itself as a genuine rival
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CommentInfrastructure Bill: More moral fibre, please
The government has withdrawn amendments that would have made life less risky for those introducing broadband fibre. The onus is on developers to act themselves
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CommentCDM regs: Is this change we can believe in?
Some think CDM 2015 will make confusing and costly changes but the HSE believes the new regulations will streamline health and safety in practice