Opinion – Page 647
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Comment
Life in the fast lane
If the client is to blame for a project running late yet refuses to grant an extension, the contractor may still be able to recover the costs of acceleration
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Comment
Too much of a good thing
Human rights legislation seems to have complicated almost every area of public and private life – not least in planning and construction
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Comment
What son-of-CIB is for
Michael Latham - The new strategic forum for construction is a boost for the Egan agenda that, on topics from partnering to safety and recruitment, will drive reform further
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Comment
What's mine is yours
Directors and partners should be quick to sort out who owns intellectual property rights – or they risk finding that the firm's interests outweigh their claims
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Comment
On keeping stumm
Bias isn't about what you really think or feel; it's about the impression you create. So think what you want, but for heaven's sake don't do it out loud.
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Comment
Invasion of the bodysnatchers
In the horrific world of name borrowing, a management contractor has to watch helplessly as its identity is taken by a works contractor and used to pursue its employer.
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Comment
Not bad, but not perfect
Jeffrey Brown presents the results of the Lee Crowder adjudication survey. It found that too many main contractors are dissatisfied with the dispute resolution process …
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Comment
Labour pains
Gus Alexander - New Labour's enthraldom to big business means we're all being held to ransom by private monopolies that don't know their elbows from a hole in the ground
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Comment
Alternative medicine
Ann Minogue - Some of the touted alternatives to retention are not all they're cracked up to be – but there are other ways to overcome the ills that they seek to remedy
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Comment
Your word against mine
Tony Bingham - When is a dispute not a dispute? When you call it a matter of dissatisfaction and shoo away any adjudicators that arrive to investigate
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Comment
Judges beware
Tim Elliott - Why the Court of Appeal overruled a judge's decision, made in the spirit of the Woolf reforms, to strike out claims because they were unlikely to succeed
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Comment
Truth and consequences
Melinda Parisotti - Exemption of liability for consequential losses is contentious - its meaning is often unclear and it may not provide the protection that firms think it will
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Comment
The employer-bashers
Colin Harding - New Labour started off as the friend of small and medium-sized businesses, but ended up, predictably, drowning them in regulations. Drastic changes are called for
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Comment
Bowsher's helping hand
John Redmond says Judge Bowsher's ruling in Discain vs Opecprime has done adjudicators a real favour, while on page 46, Tony Bingham takes a very different view
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Comment
Get real, m'lud
Tony Bingham - John Redmond is wrong about Judge Bowsher. Adjudicating in 28 days is a job for Superman. Restricting phone calls would be like helping him with kryptonite
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Comment
Careless words cost … a lot
Rob Buchanan - Professional advisers should be careful what they say – they can become liable for negligent misstatements that induce a contractor to tender
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Comment
The end of the affair
Ian Yule - If a client (in this case, Great Yarmouth council) drafts a clause that says it can terminate for any breach, then that's what it can do, can't it? Tell that to the Court of Appeal …
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Comment
Down with woolly briefs
Tanya Ross - A clear, well-written brief, gleaned from asking a host of pertinent questions, is the surest way the design team can protect and satisfy the client
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Comment
Don't hold back
Rudi Klein - Retention is a discredited, unfair system that can tie up as much as 20% of firms' turnovers, and may prevent them doing their best work. Let's get rid of it (you can help)
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Comment
The weakest link
Tony Bingham - A full frontal attack on adjudication claimed that the Construction Act went against the Human Rights Act, but there is in fact no connection between the two