Legal Comment – Page 106
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CommentToo much to ask for?
Be warned: there’s an extremely architect-friendly clause hidden in RIBA SFA/99. So friendly, and so hidden, that it has been ruled ‘unusual and onerous’
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CommentCDM: An audit
The Health and Safety Executive has just recommended changes to the CDM regulations. So the first question we should ask is: will they do any good?
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Welcome to castle Bolkestein
The proposed European Union services directive, or Bolkestein’s monster, as it’s known, could produce a playing field with so many bumps that standards suffer
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An old battleground
The hardy perennial of liquidated damages popped up again in a recent court action, which turned on whether the clause was a penalty, and unenforceable, or not
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How do you work this thing?
In theory, the Information and Consultation Regulations mean firms face fines of up to £75k if they fail to consult staff – but what will it mean in practice?
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CommentShow me the money
We kick off this Construction Act review special by asking why the DTI’s consultation document does not properly address subcontractors’ right to get hold of their cash
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CommentAway with the fairies
The DTI thinks that, with a sprinkling of fairy dust, adjudicators can rewrite laws and be made impartial. Believe that, and you might as well believe in Tinkerbell
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What the review missed
Concerns about the statutory payment and adjudication provisions in the Construction Act are well founded, but the review fails to deal with all of them head on
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CommentWhen less isn’t more
When it comes to reforming the Construction Act, the instinct to resist meddling is correct in many cases, but has done nothing to address a major failing
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A victory of sorts
Insurance companies may have failed in an attempt to stop payouts to workers with a lung condition caused by asbestos, but they did manage to limit compensation
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CommentMind and will
In a landmark case, a council architect is on trial for manslaughter, after an outbreak of legionnaire’s disease killed seven people. The verdict will be pivotal …
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Biting back
The Latham review into payment provisions under the Construction Act recommends removing the need for a payer’s notice. In fact, what it really needs is more teeth
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CommentNo more party games
The interface agreement is a neat device that PFI special purpose vehicles can use to avoid ‘pass the parcel’ between subcontractors. However, the rules are getting complicated
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Czech list
The Czech Republic has updated its laws on public procurement to bring them into line with European rules – but there are one or two things you ought to know
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Don't panic
Just a thought while I was having my cup of tea: the answer to the debate over whether steel or concrete should be used for the protective barriers around the Houses of Parliament (16 July, page 15) is obvious. Sandbags – hundreds of them should suffice. After all, what was ...
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Czech the small print
Communists have always been jumpy about private property – which goes a long way to explaining why developers must still take care in the Czech Republic