Opinion – Page 604
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Comment
Correction
In the article “US guru to upgrade UK hospital design” (11 July, page 10), I was misquoted. I did not say there was “a bespoke list of architects suitable for work in the healthcare sector”. No such list has been drafted. NHS Estates asked the RIBA how a bespoke list ...
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Since you mention it …
So, quantity surveyors are feeling unloved by the RICS, and Building reckons they needs a champion – say, Paul Morrell. What does the new president think of that?
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Let me stop you there
A clause that gave both parties the right to terminate a contract was attacked by one side for being unfair. But the judge shot that one down soon enough
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Take the alternative
The claimant was a landlord seeking to determine whether or not notices served by the tenant to terminate a lease were valid. At trial, the tenant's first notice was held to validly terminate the lease, except in respect of an area known as the store room. The tenant therefore argued ...
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Friends, till the end
The defendant, Christopher King, and the principal of the claimant, Stephen Donald, were friends. The defendant instructed the claimant to prepare plans, apply for planning permission and arrange and supervise the building works for the development of a property he owned. A dispute arose prior to the completion of the ...
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Wily words
Simply because a warranty assigns you a few rights doesn't mean that a couple of courts won't be needed to work out if you can enforce them
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Look here, my man …
"It's about these boilers what I purchased from this very boutique." "Oh yes, the Potterton Blues – what's wrong with them?" "I'll tell you what's wrong with them …"
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Our life in your hands
The Construction Industry Training Board must be doing a good job – because if it wasn't, it wouldn't exist. Here's how it works …
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Comment
Be logical
Surely it's unfair for an adjudicator to refuse to decide which of two contracts governs a project but then to go on and value the claim without reference to either
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Not in our name
A reader writes … Jeremy Hackett explains why the RICS needs to forget its grandiose plans for world domination and concentrate on responding to the wishes of its members
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A hitch in time
This was an appeal by the claimant, VAI, from a decision of 30 October 2002 striking out the particulars of claim on the basis that the claim was statute barred. On 5 September 1994 Davy (later taken over by VAI) entered into a contract with Bostock for the supply of ...
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Comment
Justice au naturel
The reliance on third party experts has dangers for adjudicators, particularly with regard to fairness. Fortunately, a recent case provides guidance
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I know your sort
A witness takes the stand and gives testimony that may send someone to prison or ruin a company. How do we decide whether to believe them?
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How to repel women
Why are there so few women architects? Disinclination? Not really up to it? Indifference? Or because they take one look at the profession and run a mile?
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Reasons to be cheerful
Multiparty PFI disputes are increasing, and can end up being very costly. But now there are two methods of streamlining them that should be good for everyone concerned
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Caution wouldn't hurt
I was amazed to see such naivety on the question of financial risk assessments from your deputy editor (25 July, page 3).
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It's not just about the money
Peter Horne makes the point (11 July, page 32) that "most adjudications involve payments".
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Is that your idea of success?
Ken Livingston (18 July, page 29) might be right that the Hungerford pedestrian bridges do not wobble, but to cite them as an example of project success is hardly warranted.
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Comment
Don't mention the war
Tony Bingham's column is usually very interesting and relevant but I do not think he should use it to express his opinions on the justification for the Iraq war (25 July, page 68).