Opinion – Page 643
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Dinky is the new big
A new short form of subcontract is so small a plasterer will be able to keep it in his back pocket – and it's so simple, there's even a chance he'll understand it
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Hard day's night
Peter Cornell and Justin Williams give a glimpse of the hard slog of real-life mediation. Who's for coffee?
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Get what you want
Even in a win–win situation, one party wins more than the other. How do you ensure it's you?
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ADR stages dramatic comeback
In a function room at the Globe Theatre in London, people are drinking champagne and discussing the play. But this was a drama with a difference: these people are all construction professionals, and they have just been to what amounts to a seminar on mediation, organised by solicitor Campbell Hooper.Another ...
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Solutions R us
Building talks to Karen Gough, the new president of the Chartered Institute of Arbitrators
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Making the best of PFI
The firms behind PFI hospitals and schools don't have to live with the consequences of bad design, so they aren't interested in it. Its time to change the rules …
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Give us the tools
Regeneration The government is finding it difficult to deliver its regeneration policy. It needs to clear away the bureaucratic obstacles.
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A drinking problem
Contractors tempted to forgo a contract and agree things over a pint, be warned. Adjudication won't protect you when you fall out over whose round it is
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Oh, for a bucket of water
The Fire Precautions Act is a poorly-written piece of poppycock that puts a whole lot of people in a whole lot of danger. It should be sent back to parliament
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Don't plead in vain
If you're claiming an interim payment as a result of variations to contract, be careful how you set out your demand. If you're not clear enough, you won't get paid
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Yankee, go home
Dominic Helps argued that US-style no win, no fee arrangements sit well with adjudication. In fact, he's wrong: they could give all parties a rougher deal
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Nanny strikes again
The self-employed keep the industry competitive, but the government seems dead set on hounding them out of existence. Why?
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Break with past, Melinda
To argue against the third party rights act, as Melinda Parisotti did, is to argue in favour of a disaster. Not surprising, then, that the reasoning doesn't bear examination
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Standard-bearer
The pressure is on for PFI schemes to improve design standards. Is the guidance and regulation of the design process in the health sector the way forward?
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The fireproof contractor
At last someone is looking into the insurance provisions of JCT80. At the moment, the issue of liability is nothing short of bewildering
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Spirit of Southampton
Southampton might not be everyone's idea of the most exotic city in the world – but try growing up in Salisbury
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Only yourself to blame
Contractors rushing to avoid the problems Carillion experienced in the Blyth & Blyth case take note: pinning more liability on consultants won't work
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Don't be daft
When is a decision not a decision … but still counts as one? Lord Reed's answer to this riddle helps us understand when the courts can overrule adjudicators
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Pressure points
The line between actionable economic duress and "the rough and tumble of the pressures of normal commercial bargaining" is a thin one