Opinion – Page 645
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Take notice
Judges have been in a right muddle over payment notices, but a recent judgment should put them – and adjudicators – back on the right path
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Something better change
The NHS Executive says that its standard form contracts for PFI deals should be used largely unamended – but actually, there's no way the parties can do that. Here's why
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Getting out of a hole
A contractor that damages cables or pipes while digging up the road must pay for repairs – but what other costs might it face?
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Same difference
Globalisation means that so-called 'traditional' building styles are just fake. They will remain a sham even if we enter an age of greater regional autonomy
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Nothing by halves
If an adjudicator fails to take into account part of your defence, can you get their decision overturned? Frogmore Investments found out …
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Clinging to the wreckage
After the collapse of Independent Insurance, We ask what to do if your insurer goes bust
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Cover your back
We examine 'after-the-event' insurance, which can keep you out of trouble in big court cases
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Cut us some slack
Adjudication is increasingly dealing with matters that are difficult to sort out within 28 days. It would be fairer to give adjudicators the right to extend the time limit.
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The brand plays on
After years of talk, the RIBA is sprucing up its image and its spectacular headquarters. At last it looks like an organisation that knows a bit about design
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Corrupt practices
As the use of electronic document storage and transfer increases, the risk of corruption grows, and professionals are advised to have an effective back-up system.
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Creative contracts
For expert services to fall within the Construction Act, they must be to do with construction operations, and if they are not, then you should pretend that they are
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Nothing personal
Although an adjudicator must act in his personal capacity when deciding a case, he is under no obligation to do this when it comes to recovering his fees
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Cleverness isn't enough
Contracts may have become more sophisticated in the way they handle dispute resolution, but there's a basic problem they can't address. Only you can
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Fair-weather friends
Too many people's commitment to partnering is a politically correct veneer that cracks to reveal the old adversarial thinking as soon as the going gets tough
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Speak English!
Acronyms and abbreviations are part of life in the industry, but there are signs that communication is beginning to crumble under the sheer weight of jargon
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Shock of the new
Clients outside construction are starting to experiment with adjudication – once they have got over their initial scepticism
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Read the small print
When it comes to insurance policies, beware of the exclusions, limitations, ifs and buts. As the lawyers well know, interpretation is nine points of the law
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The dispute machine
So you think the Construction Act is reducing the number of disputes in the industry? Wrong. It has made going to court more popular than ever before
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Clobbered from the start
Design-and-build contractors be warned. There is a clause that can make you responsible for mistakes that happened before you even signed the contract