All Legal articles – Page 159
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Comment
Reinwood vs Brown: So much for common sense
The Law Lords are having a high old time with the Construction Act – first there was Melville Dundas, now it’s Reinwood vs Brown. Both come down in favour of the employer, but will our industry understand why?
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Taylor Wimpey fined £25k after apprentice site death
Firm pleads guilty to health and safety breach after teenage bricklayer fatally crushed on housing scheme
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No 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 – but such thinking can easily get us into a muddle
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The year of living dangerously
 It’s 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 – starting with three areas where the revised regs can make a difference
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Construction firms in league table of slow payers
Carillion among the named and shamed in list of UK plcs that have payment delays
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Adult minimum wage to increase to £5.73
Government announces minimum wage rise for adults, 18-21 year olds and 16-17 year olds
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Bovis Lend Lease fined for safety breaches in New York
Contractor accused of 19 safety failures after fire at Deutsche Bank site at Ground Zero
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Comment
Hand 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’s a bit odd isn’t it?
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Adjudication: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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Compensation claims: That’s 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’ve read about such settlements in the US …
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Wembley judge accuses both sides of wasting money
Mr Justice Jackson criticises Multiplex and Cleveland Bridge for prolonging the trial
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Keeping mum about mediation
Once upon a time everyone understood that part of what made mediation an ‘alternative’ form of dispute resolution was that the talks remained confidential. Was. Not any more they don’t
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Beware 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’t forget that essential legal rule …
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JCT Framework Agreement: Umbrellas? Who needs ’em
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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Alfred McAlpine in legal row over Scottish wind farm
Wind farm owner takes Alfred McAlpine Business Services to court over milestone payments, after losing £2.8m arbitration award
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Mears cleared of massaging performance figures
Allegations made by BBC Radio Five Live centred on Mears' repair service for a Hackney and Islington housing association
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Comment
It’s 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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Council serves CPO to start work on Colindale estate
First compulsory purchase order under 2004 planning legislation is served by Barnet Council
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Comment
A diamond among the coal
The 48 pages of the Fair Payment Charter are largely made up of statements of the bleedin’ obvious worked up by some marketing wizard – but that project bank accounts idea is a real corker
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Wembley roofing firm calls in administrator
Roofing contractor Weatherwise UK has gone into administration because of cash flow problems, partly triggered by its work on Wembley stadium.