Opinion – Page 651
-
Comment
A declaration of war
Andrew Hemsley - There might be a faint whiff of partnering about Defence Estates' prime contract, but don't be deceived – it's almost deliberately adversarial
-
Comment
Rethinking partnering
Colin Harding - Forget meaningless buzzwords, it's time for the industry to come to terms with the Egan reforms and work together in a genuine spirit of partnership
-
Comment
Under starters orders
Regeneration In the first of a new series, Chris Brown explains how European bureaucracy is stifling the British industry's attempts to kick-start the urban renaissance
-
Comment
Watch what you say
Ann Minogue - Project managers should take care not to say something in post-tender negotiations that turns out to be untrue – it's a whole new area of potential liability
-
Comment
Playing for both sides
Tony Bingham - An adjudicator turns into a mediator to settle a dispute, and then turns back into an adjudicator when things go sour … but has he compromised his impartiality?
-
Comment
A question of trust
Richard Davis - If a contractor and client set up a construction trust to protect subcontractors and it is subsequently cancelled, is the contractor liable for breach of trust?
-
Comment
How to pick a fight
Anthony Morgan - Contractors desperately need a reliable "ready reckoner" to assess the merits of different forms of dispute resolution – before they get in too deep
-
Comment
A dull, grey city
Jonathan Meades - Dreary old subfusc London is the victim of a conspiracy between church, state, clients and conservationists. Why can't we have some colour in our capital?
-
Comment
I beg to differ, m'lud
Rudi Klein takes issue with Judge Anthony Thornton's recent article in Building. Adjudicators are not a public body, and the Human Rights Act does not, therefore, apply to them
-
Comment
Vengeance is mine
Tony Bingham - A series of rail disasters has led to the introduction of the offence of "corporate killing". It may satisfy the public's desire to see justice done, but will it do any good?
-
Comment
Critical conditions
Tim Elliott - Watch out for the "exclusive remedies" clauses in two M&E contracts. They rule out claims for breaches of implied term and claims for breaches not in the conditions
-
Comment
Heading for the hurdles
Julian Holloway - It's now supposed to be easier for lawyers to handle disputes on a conditional-fee basis, but all sorts of obstacles have been put in their way. Is it too big a bet?
-
Comment
No beauty contest
First person - Who could replace Marco Goldschmied, the outgoing RIBA president? The candidates are going to find him a hard act to follow.
-
Comment
Making your mark
Second opinion - Young people think building is boring. We need to show them that a career in construction has tangible benefits.
-
Comment
Looking for trouble
A claim isn't the same thing as a dispute. You can't call for an adjudicator or arbitrator until you've given the other party a chance to respond to your complaint.
-
Comment
Fatal beauty
It may look like a lawyer's dream come true, but the Association of Consultant Architects' new project partnering contract could actually be a nightmare to get along with.
-
Comment
Where do we go from here?
Rumours of the death of collateral warranties have been greatly exaggerated. In fact, they are continuing to grow and evolve. Here are some trends to watch for.
-
Comment
Time is money
Companies face heavy financial burdens if they fail to hit PFI deadlines. Even if they obtain a time extension, which is rare, it is not a Get Out of Jail Free card.
-
Comment
A death in the family
First person - There isn't exactly a rush to buy Laing, but with funeral costs mounting, the owners need to appoint an undertaker soon.
-
Comment
As clear as mud
Judges have to tell a losing party why they lost, and if they don't, they run the risk of having a judgment set aside by a higher court. And that's something adjudicators should think about, too.