Legal views 鈥� Page 100
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CommentThe year of living dangerously
聽It鈥檚 been almost a year since the CDM regulations were revised. So, anything to celebrate? Over the next four pages we focus on all things health and safety 鈥� starting with three areas where the revised regs can make a difference
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CommentNo fire without smoke
When a fire occurred while an electrician was working at the site, it was easy to jump to the conclusion that he was to blame 鈥� but such thinking can easily get us into a muddle
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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鈥檚 the other side of the story
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CommentHand over all the money
You can recover damages for losses caused by breach of contract but probably not for the loss of the use of money awarded in damages. Interest, in other words.That鈥檚 a bit odd isn鈥檛 it?
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CommentCompensation claims: That鈥檚 all, folks
A home that is built defectively may bring the owner years of inconvenience. How much ought the owner be compensated for this? Well, forget what you鈥檝e read about such settlements in the US 鈥�
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CommentKeeping mum about mediation
Once upon a time everyone understood that part of what made mediation an 鈥榓lternative鈥� form of dispute resolution was that the talks remained confidential. Was. Not any more they don鈥檛
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CommentBeware what you wish for
An entire agreement clause proclaims that everything the parties have agreed is in the contract in front of them. But don鈥檛 forget that essential legal rule 鈥�
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CommentJCT Framework Agreement: Umbrellas? Who needs 鈥檈m
A framework agreement is like an umbrella that sits above a contractual dinghy in which the elements of the Egan partnership await their fate like good little girls and boys. Until, of course, it starts getting wet
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CommentProject bank accounts: Private practices
The project bank accounts proposed by the guide could work in the private sector 鈥� if they can be made effective
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CommentA diamond among the coal
The 48 pages of the Fair Payment Charter are largely made up of statements of the bleedin鈥� obvious worked up by some marketing wizard 鈥� but that project bank accounts idea is a real corker
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Comment
It鈥檚 the tender process, stupid
The Fair Payment Charter is brimming with good intentions but unless it gets to grips with procurement, clients are unlikely to benefit
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CommentThe price of intransigence
Mediation can be used as a ploy to cut down on costs at a later trial. But if a party is suspected of playing along with no intention of compromising, everyone can end up losing a lot of money
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CommentWhat鈥檚 yours is mine
聽A retention may be held by an employer, but the money does not belong to it. This inconvenient fact is often overlooked by clients and main contractors 鈥� it鈥檚 so good for business, you see
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CommentThe 拢40,000 fix
Here鈥檚 a chilling tale from the year gone by. It鈥檚 about what happened when a subcontractor on a fixed-price contract was asked not to do some of the work it tendered for 鈥� but had to be paid for it all the same
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CommentWhat it all comes down to
How do we decide what is a reasonable extension of time? This basic question gives rise to all sorts of astonishingly complex answers, at the end of which we鈥檙e left with 鈥� common sense
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CommentWellies, muck and diggers
Construction dispute books, however erudite and authoritative, must brim with experience of the real world if they鈥檙e to be of use to those at the sharp end
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CommentRaise a glass to the clerk of works
Who鈥檚 the most important man on a building site? Well, it depends on circumstances, but have you ever thought it might be the humble clerk of works? The chap with no powers but the one to make sure the job goes right?
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CommentTalking yourself out of a job
Alright, love, I鈥檒l rebuild your bungalow in 17 weeks for 拢130k. Agreed. What, you want a kitchen? That鈥檚 extra. And where鈥檚 my dosh? All of it! Of course I need more time, I can鈥檛 work in the rain, can I? I鈥檝e been what? !!拢**@!!!*
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CommentTreasure & Son Ltd vs Martin Dawes: The riddle of existence
If you get into an adjudication based on a variation to a contract that is agreed but not signed, is the adjudication valid? The High Court has just given us a clear answer to that one 鈥�
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CommentTime wasters
One thing a legal dispute is good for is kicking a claim for payment into the long grass, which means all the time spent being fair to both parties is very unfair to the one that wants its money