Opinion – Page 625
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Comment
Up the resolution
The Centre for Effective Dispute Resolution's new procedure presents a flexible way of solving disputes that leaves the parties in control for as long as possible
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A landmark protocol …
The Society of Construction Law has just launched its Delay and Disruption Protocol. It's a splendid guide to solving extension of time and compensation problems
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… but fundamentally flawed
John Sims Admirable in some ways, the protocol has it got it badly wrong in the advice it gives on the subject of float as it relates to extensions of time
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The end of the affair
Where – if anywhere – does Amey go from here? After a turbulent five months, during which two finance directors made spectacular exits, the support services firm's largest shareholder has called for the group to be broken up or sold. Amey is resisting such a move, but that hasn't silenced ...
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Stay out of it
By getting involved in Wembley the government ended up flat on its face. If only it would stick to what it's good at and leave construction projects to others
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Don't hold back, now
The archaic practice of retention is senseless, unfair and damaging to all parties – and there are much more agreeable alternatives. Let's stop it once and for all
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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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A hit or miss affair
PFI contracts often include incentives and penalties to ensure good performance on services. But if they are not well targeted, they'll miss the point
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Pass master
Accelerating Change is a clarion call for risk-sharing. Some hope, when Jarvis and others are busy amending the standard form of subcontract to pass the risk downstream
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What's a computer for?
What is it with construction firms and IT? In the 1990s, many of the big players spent millions installing state-of-the-art systems only to find they had wasted their money. Staff didn't know how to use them, they quickly went out of date and were incompatible with their business partners' software. ...
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On a permanent high
National Construction Week highlighted the positive developments taking place in the industry. All we have to do now is keep this spirit alive all year round
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You poor SAP
Few cases in construction have tested the 'satisfactory quality' standard of the Sale and Supply of Goods Act. Here's one, about boilers, that got a bit heated
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Architectural schizophrenia
A conflict sometimes arises between an architect’s duties as employer’s agent and as an independent certifier. But as long as no bias is shown, they can do both
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Closing time
Clear contractual arrangements can save arguments over when practical completion has occurred. But be careful – an overly stingent definition can backfire
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Don't be nice, be fair
Partnership and trust are great, but that's not what contracts are are there to promote. They are there to make sure that people do what they say they will
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Legal letters
This week, why it can make sense to sign an adjudicator's terms, naming and shaming poor adjudicators, support for Judge Thornton's defence of enforcement and the power of greed
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The unbearable cost of cover
Few tears were shed outside the Square Mile when crisis struck those apparently loathsome insurance companies after 11 September. A year on, though, insurers – in the great tradition of that industry – are passing the burden on to their customers. Now it is construction firms that face ruin as ...