All articles by Rachel Barnes – Page 3
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CommentA disaster waiting to happen
Legal aid - This month our panel of experts tackles a dangerous situation at a college where a newly constructed extension is a potential fire hazard. Who is responsible under the design-and-build contract? And who will foot the bill for the remedial work?
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CommentTwo unhappy customers
This month our panel of legal experts wrestle with the case of an M&E contractor that worked for nothing and a client whose contract administrator certified defective work
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CommentFool if you think it's over
A contractor or consultant may think it's immune from legal action once its original client sells on the property. In fact, the law doesn't let you off so easily
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CommentThis one won't fly
The latest edition of the NEC professional services contract came out in June but has been all but ignored. The reasons for this are not hard to understand
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CommentConsider the evidence
After an accident such as Hatfield, prosecutors come under pressure to launch a case. But too often they go ahead without having a leg to stand on
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CommentAn unsafe case
The Appeal Court has cleared two men of guilt over the death of a boy who fell into a septic tank. But why were they prosecuted under safety legislation anyway?
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CommentWorse than useless
The BPF’s consultancy agreement is a fine example of a one-sided contract that dumps extra work and unlimited risk on any consultant foolish enough to sign it
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CommentTake a deep breath
It’s a strange thing, but often a consultant who is liable and has been negligent may be better protected than one who is liable but hasn’t been negligent
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CommentWhodunnit?
I write a play and you direct it. In rehearsals, you change some of my lines. When it is performed, it is a huge success. So are you entitled to a share of my money?
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A servant may have but one master
The Construction Industry Council's new novation form rejects the idea that a consultant can work for a client and a contractor – and be liable to both
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Measure for measure
Insurers are providing shrinking cover on terrorism and asbestos risks. Now consultants have new standard contract terms that shrink their liabilities to match
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Losing made easy
Designers who contravene health and safety legislation can be pursued by the criminal courts or by any number of aggrieved parties through the civil courts
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Taking care of your cat
Consultants often need to show prospective clients some of their creative thinking. But what happens if that client uses your ideas without employing your services?
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The very idea!
You may think consultants own the intellectual property rights in their work – but certain contracts transfer them to the client. Don't sign away your ingenuity
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Under covered
Terrorism and asbestos claims are not covered by professional indemnity policies. So how do you protect your firm against these risks? It's all in the contract...
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Crack the code
Designers are increasingly liable for health and safety breaches, and are increasingly finding themselves in the dock as a result. Here's how to stay out of trouble
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Easing the agony
Last year's famous Delay and Disruption Protocol presents difficult and potentially painful problems for contract administrators. So what should they do?
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An ACE of an agreement
The Association of Consulting Engineers' appointment documents are out, and they offer new forms and some valuable protections for the professional team
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Death by exposure
The state of the professional indemnity insurance market is so bad that firms unlucky enough to be hit by several claims a year may well be ruined
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Right – and wrong
A professional consultant does not have a duty to be right, but even if they are, they should warn their client that a judge may decide that they are not
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