All Case law articles – Page 8
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CommentChop, chop
Mr Justice Jackson must wake up in a cold sweat thinking about Multiplex and Cleveland Bridge, because everytime he thinks the hydra of litigation has been slain, another two heads pop up
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CommentJCT Building Management contract
The concept of the management contract has come in for a lot of flak from a lot of critics in the past but the new JCT model is certainly the best in class
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CommentReinwood 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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Comment
Could do with a bit more planning
The Planning Bill is proceeding smoothly through parliament, despite many unanswered questions and a worrying amount of vagueness …
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CommentDon’t let them get away with it
Contractors are coming under pressure to agree to ‘discounts’ the client isn’t entitled to, says Peter English. But there’s no need to agree to them, as the following example shows
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CommentTurn of the screw
Prosecutions under the revised CDM regulations won’t be reported until next year at the earliest. But it looks likely that we are on course for stricter compliance
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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 – but such thinking can easily get us into a muddle
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CommentThe 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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CommentIllegal workers: You have been warned
The new clampdown on illegal workers puts firms right in the firing line. But it ought not to be an issue for well run human resources departments, says Angus Darroch-Warren
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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’s the other side of the story
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Adjudication:The dangers of DIY
We must make sure that lay representativaes in adjudication have adequate knowledge of the law and the process
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Comment
Sourcing materials overseas: Foreign entanglements
Did you know you can cut the cost of materials 30% by getting them overseas? And did you also know the risks you’re running by doing so?
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CommentCompensation 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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CommentJCT consultation: A sustainable strategy
We all agree that sustainability, like apple pie, is a good thing, but we’re not sure how we should tackle it. The big stick of legislation, some gentle guidance, or a mixture of the two?
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City Inn vs Shepherd Construction: Time was on our side
Shepherd Construction spent eight years arguing for a five-week extension on a hotel project in Bristol. Which gave its legal team plenty of time to hone its case …
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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’t forget that essential legal rule …
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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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CommentFair payment charter: Declaring peace
Last year the Office of Government Commerce launched its Guide to Best Fair Payment Practices. It came into force on 1 January this year and applies to all public sector works contracts.
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CommentProject bank accounts: Private practices
The project bank accounts proposed by the guide could work in the private sector – if they can be made effective
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CommentIt’s just not good enough
Public authorities have to treat all bidders with perfect impartiality. As perfection is quite a high standard to meet, many are judged wanting. Like this client here …