Opinion – Page 653
-
Comment
Why we've legalised theft
The courts will enforce an adjudicator's award, even if everyone knows it's wrong and the claimant is committing daylight robbery. But surely they have an absolute obligation to dispense justice?
-
Comment
Extra ammo for clients
Adjudication is usually thought of as a concern for builders and their employers. However, clients may like to know that it makes it easier for them to get at the design team, too.
-
Comment
Tangled web we weave
Who'd be an adjudicator right now? Recent conflicting judgments on the impact of human rights legislation leaves them operating in a most uncomfortable framework.
-
Comment
Classic FM
First person - Soon, facilities managers will be a key part of the design team – who else knows how much a building will cost to run?
-
Comment
Long to reign over us
In a special feature-length programme on BBC2 last Sunday, Jonathan Meades expounded his theses on High Victorian architecture. John Fidler of English Heritage was watching …
-
Comment
Trench warfare
Plans were studied, cable-locating devices were used and care was taken, but the builder still managed to sever three live cables. So was the builder negligent?
-
Comment
But you promised!
If someone wants you to do work for them free, gratis and for nothing, on the understanding that they'll give you a job later, can you get paid if they don't? A recent – and largely unnoticed – case says you can.
-
Comment
Adjudication in the bushes
Spend six months preparing your claim, spring it on your quarry when it's least expected and refuse any extension of time. Result? You lose when you get to court.
-
Comment
A sustained argument
First person - Green skyscrapers are all the rage, but until their ecological claims can be proved, we should regard them with scepticism.
-
Comment
Going for goal
Back in 1987, a company employed a contractor to build an office block. For the past decade, they have been in constant litigation. They've already had one shoot-out in the Lords and it's not over yet.
-
Comment
Breaking down barriers
The Association of Consulting Architects has launched a standard form that aims to write partnering into the contract. This is the first of two articles assessing its chances of, in effect, legislating for virtue.
-
Comment
Guarding your provisions
Collateral warranties require care and attention. Watch out for assignments, notice clauses, duration, entrenched rights in contract, tort and statute, and, of course, jurisdiction.
-
Comment
Clash points
The inexperienced employer does not always know what to look for when reviewing tender documents. Why can't the contractor help by providing objective advice at this stage, rather than complaining later?
-
Comment
Clash points II
It's unfair to expect contractors to criticise consultants at the tender stage – it will jeopardise their chance of winning the contract. A better solution is to appoint the contractor earlier in the process.
-
Comment
False sense of security
For owners of new homes, the NHBC guarantee and insurance offer are reassuring – but what if it later transpires that they were issued by a builder who had no right to do so?
-
Comment
Improper procurement
In Germany, public procurement decisions are routinely challenged for breaching EU rules on how contracts should be awarded. Such challenges are rare in the UK, but this could soon change.
-
Comment
No time to lose
Contractors on privately financed projects carry a heavy liability for delay and should be aware of restrictions on the type of delay events for which they can claim.
-
Comment
The comeback kid
For 10 years, negligence claims have been subdued but a new ruling suggests that there are still many cases where the law will impose a duty of care for economic and physical loss.
-
Comment
Gutter sniping
An architect designed a shed but omitted to include overflows in the gutter, which flooded and ruined goods stored inside. Was it negligent, and therefore liable for the damage?