Michael Sergeant
CommentTrial by example
A recent case offers valuable guidance on how samples can be used cost-effectively to present complex cases
CommentOmission of work – what’s the cost?
The recent case of Van Oord vs Dragados offers guidance on the pricing of compensation for omission of work
CommentVariations and covid-19 claims
Can variations clauses be invoked over pandemic-driven changes to the way construction projects are being run?
CommentMauritian Marathon
If your project is changed out of all recognition can you abandon the lump sum price and remeasure from scratch? A long-running recent case from Mauritius went back to basics
CommentCheck the interface
On a scheme as big as Umm Al Quwain’s Firdous Sobha resort steps must be taken to minimize the risks of discord between all the different stakeholders
CommentLoose talk
You want to claim the cost of extra works without a written instruction? A new Court of Appeal case just made life a little easier
CommentFooting the bill
Projects often go over budget because of variations, but can the QS be held liable for these extra costs? A recent court judgment finds that this may be the case.
CommentThe change mechanism
In projects where a large number of variations have taken place, should the contractor argue that the entire scheme of work be re-priced?
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
CommentVariation clauses: At your discretion
Variation clauses allow employers to alter works part way through a project. But they can lead to unfairness if a contractor has to act without waiting for instruction
CommentEU procurement directive: Size matters
A new EU procurement directive will soon demand new contracts for sizeable variations to public projects, but tread carefully: substantial is a subjective word
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The importance of being impartial
Architects who act as contract administrators have an obligation to be fair to all parties. This has dangers that can bring with it serious personal risk
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Tell it to the judge
All forms of dispute resolution involve a scary degree of uncertainty, complexity or cost. Now a proposed shake-up of the courts promises a better alternative