All articles by Melinda Parisotti – Page 3

  • Comment

    A word in your ear

    2001-04-06T00:00:00Z

    Melinda Parisotti - A contractor has a duty to point out errors and dangers in a client's design or instructions. But just how far does that duty go?

  • Comment

    Adjudication in the bushes

    2001-01-12T00:00:00Z

    Spend six months preparing your claim, spring it on your quarry when it's least expected and refuse any extension of time. Result? You lose when you get to court.

  • Comment

    Evil – or misunderstood?

    2000-12-01T00:00:00Z

    Debate on the net contribution clause has focused on its supposed immorality. But there are common misconceptions concerning the detail of the principle that should also be addressed.

  • Features

    The sense of proportion

    2000-10-13T00:00:00Z

    Jarndyce & Jarndyce still drags its dreary length before the Court, perennially hopeless, wrote Charles Dickens, satirising the legal system of his day. It's better now, though, as the rules on proportionality demonstrate.

  • Features

    Ready for inspection

    2000-08-11T00:00:00Z

    Not even the man of steel could spot every defect on a construction site, so why do clients expect architects to? Here s how to make appointment terms for inspecting consultants more realistic.

  • Features

    Let’s be cynical …

    2000-06-30T00:00:00Z

    Partnership agreements are getting legal teeth. This may sound like a good idea in theory, but it is bound to cause confusion and undermine the worthy aims of the partnership ideal in practice.

  • Features

    What are your intentions?

    2000-05-05T00:00:00Z

    Does a letter of intent constitute a contract? It depends what the parties’ intention is and what’s in the letter. If you want a legally binding document, it’s best to write it as a mini-contract.

  • Features

    Novation without tears

    2000-03-17T00:00:00Z

    Novation of the consultant's appointment can offer real benefits to a client, but it must do the work to make it work. Otherwise, it can end up with legal nonsense that risks being thrown out of court.

  • Features

    … and wrongs

    1999-10-29T00:00:00Z

    After considering the shortcomings of the Contracts (Rights of Third Parties) Bill, you may well decide that collateral warranties may not be so bad after all …

  • Features

    The PFI’s poisoned chalice

    1999-09-03T00:00:00Z

    Due diligence requirements in PFI contracts have created a lucrative role for consultants: checking. The only problem is that if anything you checked goes wrong, you may be liable for 100% of the damages.