All articles by Melinda Parisotti – Page 2
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On swallowing the bait
A cheque arrives in final settlement of your claim. Trouble is, it's missing a nought on the end. Should you rip it up – or cash it and pursue the balance?
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What might have been
If you feel you've lost out on a chance in life through somebody else's fault, you can go to court and watch the judge put a cash figure on it
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It could be you
Imagine making a mistake that makes you liable for more money than a Lotto jackpot – and then finding you don't have PI cover. How likely is that?
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Ginger's bad fur day
When a decorator spills paint over your moggy, ruining his chances in the cat show, do you have a claim? Claws out for the 'but for' test
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No dinners for doggies
A warning to anyone who fancies amending a contract: if you aren't sure what you're doing, don't do it – the courts will penalise you if you mess it up
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We're depending on you
As third parties continue to bolster their rights, a word of warning: beware who might rely on your work. And if you exclude liability, be fair about it
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The corrections
At last we're to get warranties and a novation agreement that really work – and protect parties from the consequences of some recent court decisions
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If the cap fits …
You've got insurance cover for up to £5m. Great. Trouble is, you're being sued for £50m. Not so great. So, ever thought of capping your liability?
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Pleasure and punishment
What has compensation for the mental anguish caused by a holiday from hell got to do with the construction industry? Rather more than you may think, alas
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Cry freedom
Just how can a contract administrator be expected to be impartial when they answer to the client? Exempting them from liability would set them free
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The end … for now
The letter of the law is not always as final as you might think; the wording of settlements can leave room for claimants to come back for seconds
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Third time lucky?
All right, the draft delay protocol is far from perfect, but it contains some valuable advice and with sufficient improvements, could be something to welcome
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Decent proposals
The Law Commission is proposing to simplify the rules on limitation periods. Given the present confusion, the changes cannot come soon enough
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The loves of Lady Justice
The goddess of justice had a soft spot for consultants, and tended to take their side in tort cases. Now it seems she's found a significant other …
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Banquo's ghost
If you think that as long as a letter is headed with the words 'without prejudice' it's off the record, you could find it haunts you in court
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Dual action
An architect dealing with a dual employer/contractor client is not unusual, but the courts might draw unexpected conclusions when conflicts of interest arise
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Be reasonable
Clients should be wary of loading contracts with terms like 'highest standards' and 'best endeavours'. Sometimes you can get more by asking for less
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What apocalypse?
And lo, there was gnashing of teeth and a general wailing in the land when third parties gained contract rights. Here's what happened next …
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Hold on to the Rottweiler
Going into a dispute with all guns blazing may make you feel better, but it's a lousy way of keeping business and may well cost you an arm and a leg
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Truth and consequences
Melinda Parisotti - Exemption of liability for consequential losses is contentious - its meaning is often unclear and it may not provide the protection that firms think it will
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