All articles by John Redmond 鈥� Page 3
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Check the expiry
Tesco was understandably peeved when one of its superstores burned down, and it wanted cash back. But was the claim past its sell-by date?
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Two blokes go into a pub
As you'll know, a man who drinks alcohol puts a thief in his mouth to steal his brains. What you may not know is that it can also negotiate construction work
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Don't be a Boynton
When a dream home extension is delayed and defective, the client may win our sympathy. But winning damages and avoiding costs requires hard evidence
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Eleven days lost
Here's a strange case where a fight over the meaning of a small part of the Construction Act decided which party took a big hit. This is what happened
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Decision dodgers
Contractual disputes are getting bogged down in phoney challenges to the adjudicator's authority and spurious arguments about enforcement
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Quick, pass the binoculars
Coming up to the arbitration it's Aintree, Aintree making good ground, Aintree by a length, buy my goodness, HOK's taken them to court! HOK has taken 鈥�
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Do the best you can
What does an adjudicator do when they do not have time to reach a view on the evidence? One judge suggested they resign, but there is a better option 鈥�
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Just say no
You've got your dispute, you've got your adjudicator 鈥� and you've got your adjudicator's unreasonable terms of appointment. What should you do next?
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Assign! Assign!
If you are the beneficiary of a collateral warranty, be sure it has been properly transferred to you 鈥� otherwise you may find yourself unable to make a claim
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Getting all the credit
You pay interest on the money you owe the bank, but the contractor that owes you cash doesn't. That's hardly fair, and the courts have belatedly noticed
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Within reasons
If an adjudicator's decision is made up of several conclusions, do those all count as binding decisions as well, or are they reasons? It's a pretty thorny question
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Catch of the day
Win or lose, at least you used to know where you stood with costs and payments into court. Nowadays it's a grey area that can easily become a swirling fog
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Can I have some more?
When it comes to adding interest on to adjudication claims, justice has nothing to do with it. Confused? Just be glad you're not an adjudicator
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A drinking problem
Contractors tempted to forgo a contract and agree things over a pint, be warned. Adjudication won't protect you when you fall out over whose round it is
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Shock of the new
Clients outside construction are starting to experiment with adjudication – once they have got over their initial scepticism
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Bowsher's helping hand
John Redmond聽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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The Science Museum
John Redmond聽- Individuals may not be able to hide behind the sanctity of the 'corporate veil' for much longer, but these are early days to anticipate a change to the status quo
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The price of perfect justice
Thanks to the Woolf reforms and a recent chancery ruling, parties that win an arbitration on one good point but bring up other issues that have no legal merit may find themselves paying the costs of the loser.
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Bouygues reconsidered
You'll know about the Bouygues case, the one where the adjudicator got his sums wrong and the court enforced anyway. Well, you may be interested to know that that wasn't what happened at all …
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Variations on a theme
The dispute over how to value variations under the ICE form, recently considered by the Court of Appeal, has just been given another twist by the Technology and Construction Court.
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