Opinion – Page 649
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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
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Comment
Not a penny more?
Richard Guit - The fixed-price contract is at the heart of the PFI environment, but it means the construction contractor must take on the risk when there are cost overruns
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Comment
Man of the match
Andrew Hemsley - Whatever you may think of it, clients are using PPC2000, which makes the role of partnering adviser crucial to a project's success
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Comment
Shout it from the rooftops
Gerald Kaufman - Elections used to be won and lost on housing. This time, it'll barely be mentioned – even though, as a new report points out, it's still an explosive issue.
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Comment
One-nil to the chickens
Dominic Helps - At last, we have the final judgment in Discain vs Opecprime. By backing Opecprime, the judge has made the lives of adjudicators everywhere more difficult.
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Comment
Difficult sums
Tony Bingham - If a delay leaves you temporarily out of pocket, but does not dent your profit, should you recover losses? One judge said yes, but an adjudicator might not agree …
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Comment
Why we should ditch retention
James Bessey - Retention is a time-honoured method of keeping contractors and subcontractors on their toes by withholding a fixed sum of money. The problem is: it doesn't work
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Comment
A question of judgment
Robert Akenhead - It is extremely difficult to get a court judgment set aside, as a contractor in Bedfordshire found out to its relief when it was accused of fraud
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Comment
For what it's worth …
Gus Alexander - Abolishing the RIBA advisory fee scale, as the government wants, is another sign of our crass inability to appreciate the value of good design
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Comment
Looking on the dark side
Patrick Holmes - Stock market dives have sparked fears of recession. So, if the economy does turn down, who's going to lose out? And what can they do about it?
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Comment
You're asking for it
Tony Bingham - Adjudicators can only do what they are asked to do, so if you don't get the wording right in the referral notice, you're likely to come unstuck
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Comment
From beyond the grave …
Julian Holloway - A Court of Appeal decision on a negligence case may mean that contractors and architects are liable for claims they thought were dead and buried
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Comment
Day of the triffids
Simon Tolson - Contamination doesn't just apply to toxic chemicals. It can apply to hazardous plants and weeds that have to be removed. Worse, the contractor can end up paying
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Comment
The Tony age
Jonathan Meades - Politics tends to have less of an influence over design than brute economics – which is a good thing, considering the shallowness of "New" Labour