Opinion – Page 643
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A right Charlie
Charlie Luxton, TV's latest wunderkind, should stop spouting misguided opinions that play into the hands of the anti-housing, pro-Tory home counties
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Loser pays, we all win
Far from deterring people from using adjudication, allowing the winning party to recover its costs from the loser will make the process more accessible
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Promises, promises
Pity the subbie who thought that an oral agreement to foot a £1.3m bill could be relied on. It couldn't, and the subbie had to pay. The story begins in 1677 …
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Insuring against terrorism
With the UK looking like a target for terrorist attacks, how do existing standard form contracts deal with the implications?
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On shaky grounds
Few neighbour disputes can match those that begin when shared foundations need work. The Party Wall Act is there to help resolve such disputes – but does it?
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Conran the Barbarian
Nobody could accuse Sir Terence of being crude, but his legacy of anorexic good taste may be a more dangerous enemy of exciting design
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The common touch
We know that pay-when-paid clauses were partially outlawed by the Construction Act, but how do they fare under common law?
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Watch the small print
Buried in a footnote of JCT 98 is jumbo-size trap: if your dispute goes to court, the case has to be fought as if no adjudication took place. Tread carefully
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The untouchables
An expert witness you call to help win your case may turn out to be incompetent and deceitful, but he or she is still immune from any action you may take
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Procure for all ills
Things always go wrong when things are being built. But combine a novice client with a new procurement method, and it could spell disaster
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Be reasonable
Clients should be wary of loading contracts with terms like 'highest standards' and 'best endeavours'. Sometimes you can get more by asking for less
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Independence daze
How do arbitrators square their duty not to be swayed by outside pressure with their fear of being given the boot by the High Court? With difficulty, alas
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The name's bond – adjudication bond
If on-demand bonds are too onerous and conditional bonds too slow, could adjudication bonds provide the answer?
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Tales of the unexpected
Ever since the Construction Act was passed, judges have been wrestling with the question of what constitutes a construction contract. Their answers have been surprising
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Planning's chink of light
The British planning system is in a terrible state – but Lord Falconer's reforms could mean there is light at the end of the tunnel
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Teaching the Big Apple
The Manchester bomb in 1996 provided an opportunity for revolutionary urban renewal that was ultimately wasted. New York should learn from our mistakes
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The industry's black sheep
Recent cases suggest that consultants and their advisers are becoming too defensive. If this continues, there's a danger they'll lose the goodwill of the industry
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Question a silly answer
Tony Bingham An adjudicator makes a boob and the judge says he has answered the wrong question. But he hasn't: he's just answered the right question wrongly
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Meaningful relationships
Much like any relationship, partnering is more about mutual understanding and commitment than subscribing to a given definition
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Something rotten …
Not sure what the payment arrangements of the Construction Act are? You're not alone. They're confusing, that's what, and it's time for reform