All articles by Rachel Barnes – Page 2
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CommentPuzzling arithmetic: Joint liability
If two parties are jointly responsible for damage, who pays, and how much? The answer to this question is often surprising (and dismaying) for one of the parties …
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CommentThen there's the fungal mould...: JCT consultancy agreement
The JCT has just released a consultancy agreement for larger projects. Here’s what you should be aware of before you go ahead and sign it
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CommentYou’ve made one tiny mistake: Absolute obligations
Even if a brief seems straightforward, beware of taking it on as an absolute obligation. After all, you never know what might happen
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CommentRICS consultancy form: A false friend
The RICS’ forms for appointing consultants may be easy to use, but they have some distinctly hostile implications for those who sign them without amendment
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CommentA slippery slope
A recent order by a judge for a party to reveal its insurance details has sparked concern that claimants will now be able to request this information all the time
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CommentLiability: Strictly speaking
Do you know the difference between strict and absolute duties and no-fault liability? If not, then read on before you commit yourself to undertaking either
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CommentAdjudication:The glass is half full, Rupert
Rupert Choat cited the number of cases that adjudication has thrown up, listed problems with some grey areas and concluded that the glass was half empty. Here’s the other side of the story
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CommentCIC's consultants agreement: You stand here and hold this
The Construction Industry Council’s full agreement for appointing consultants has done the industry, and its clients, a great service by explaining just who is supposed to do what, when
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CommentNot much agreement here …
Rachel Barnes Ian Yule was less than enthusiastic about the revised RIBA agreement for the appointment of an architect, claiming it was biased in favour of the profession. Well, guess what? Architects aren’t happy about it either …
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CommentA bit of a liability
Following a judgment in which the defendants were ordered to reveal their liability insurance cover to the claimant, expect such requests to become commonplace in large claims
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CommentYou made the bed …
The McGlinn case raised the tricky question of the responsibility of the architect for a client’s unsafe design. But if the client insists on an unsafe design, is it not then the real designer?
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CommentHow to inspect things
Just what an “inspecting professional” has to do, and therefore what they can be sued for not doing, has always been a bit of a mystery. Luckily, a familiar case has shed some light on it
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CommentRisky business
EU steps to tighten up the law on the safety of employees could make UK health and safety legislation even more out of kilter with the law on negligence
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CommentCan you direct me to my money?
LEGAL AID — A contractor is withholding £45,000 until a subcontractor signs a new deal. But can a letter of intent and a purchase order be used to extract payment anyway?
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CommentFault lines
Employees can’t assume that their employer is wholly responsible for their health and safety at work, as their accountability is limited by what’s reasonable
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CommentFloored by a contract
A contractor has withheld £250k from a flooring firm and told it the contract states it has to arbitrate directly with the client. How can it best recover the money it is owed?
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CommentThe victims of crime
When £20,000 worth of windows was stolen from a site, the contractor was landed with a six-week delay. So was the delay subject to an extension of time? If not, who was going to pay for the knock-on costs? Our panel of experts ponder the options…
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CommentA slippery slope
A consultant wrote a site investigation report for a developer, who sold the site to another developer, whose property was later damaged by a land slip. Now who do you think got sued?
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CommentGive us our time back
Legal aid — This month our panel of experts locks horns with a client that has withdrawn an extension of time, sacked the architect and refuses to pay what’s due. Should the contractor down tools, lean on the new architect – or is adjudication the answer?
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CommentA little give and take
The CIC’s new contract is a workable compromise for consultants and clients. But like all compromises, it will inevitably have detractors on both sides
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