Legal views – Page 84
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Buying an insolvent firm: Risky assignment
Buying an insolvent firm to take over its contracts is a job for experts. The reason is that there is no guarantee that the other parties to those contracts will let you do the work
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The project manager: A hero of our times
Don’t be fooled by the thick glasses and the side parting - that project manager in the corner might just be the person who saves your bacon …
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The value of PI: How can you lower your insurance premiums?
Quotes for professional indemnity insurance can vary by 300% between insurers, and cost up 25% of your fee. So you really need to understand how the market works …
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Enforcing liquidated damages: A shade of grey
A recent case involving a breach of contract has put into doubt the black and white principles behind enforcing liquidated damages
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A decade on from PPC2000: Carry on partnering
A decade after it was written, a review of PPC2000 shows that it really does pay to partner, no matter how chilly the economic weather is becoming
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Bad form: RIBA standard form
The RIBA’s standard conditions contain a few things for clients to worry about, the main one being that they have to pay their architect even if they forget to put a door in
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Bring back arbitration
Before we made the big mistake of demoting it, arbitration used to be the main place for dispute resolution. Soon parliament will have the chance to make amends …
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Advising traditional procurement: Have I really been negligent?
Solicitors can explain legal issues and draft and negotiate contracts relating to procurement, but they don’t choose which route to take - that is the client’s decision
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Free schools explained: Is that a free-for-all ahead?
Controversial they may be, but free schools remain central to the government’s education vision. Private sector contractors will need to keep their eye on the chance
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Change of control clauses: Keep a grip with sharp clause
What happens if the company you’re happily in contract with gets bought by another outfit? Well, that depends on the small print in your contract…
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The tragic case of a 15-year-old killed on site
Here’s a tragic case of a young man who was killed when a wall collapsed on him. His gaffer was a man of good character who didn’t mean anyone any harm. He got three years
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Rush to judgment: Southern Insulation vs How Engineering
Southern Insulation was facing a complex multiparty action. To avoid dragging it out over the August recess it applied for a quick decision. This is what happened next…
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Advance payment bonds: Another bond story
On-demand bonds to protect advance payments are a really good idea, but a recent case shows that you have to give the courts as little room for interpretation as possible
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Feeling a little short changed? Plasterers and the CITB
Plasterers are sick of paying a training levy that really goes on jobs at the CITB. Who can blame them? We should be levying plasterboard makers at a fraction of the cost
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You’ve been warned: the dangers of advising traditional procurement
Traditional procurement methods are so needlessly wasteful that a consultant or solicitor who advises a client to adopt them may be guilty of negligence
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Getting to know all about you: ICE vs NEC3
Some contractors are upset that their old friend ICE conditions of contract has been dumped. But once they get to know the NEC, they’ll have their new buddy on speed dial
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One village bypass we don’t need: Community right to build
Exempting rural community-led developments from the planning system could have unintended and undesirable consequences
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How green are our valleys: ¾«¶«Ó°ÊÓ Regs in Wales
At the end of next year, the Welsh government will be responsible for building regulations in the principality - and it’s determined to make them as tough as possible
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What can be saved from Connaught's collapse?
Options for salvaging contracts with the failed social housing firm
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Clients transferring risk: The bullies are back
The abuses and macho posturing we got from clients’ advisers in the nineties have returned - but given their attitude to risk, aren’t they the real wimps?