Legal Comment – Page 66
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CommentLetters of intent: Use with caution
If work has to start before a full contract is in place, a letter of intent seems like a convenient solution. But beware - they can lead to all sorts of complications
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CommentWhen pay-when-certified goes wrong
Pay-when-certified is fine in theory, but it tends not to work if the date of completion is plucked from thin air
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CommentPoint West vs Mivan: Blast from the past
A dispute over who should cough up for the costs of making good defects to a penthouse hinged on a fundamental aspect of contract law: what did the contract originally intend?
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CommentAgree how to disagree
From picking the right decision makers to getting the cash, dispute resolution is a minefield - it pays to have clear provisions in place before a project even begins
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CommentNew CIOB contract: Testing terms
Is the CIOB Complex Projects Contract a bit too, well, complex? It will be interesting to hear what clients and contractors think …
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CommentChanges to bankruptcy proceedings: No credit where it's due
Some of the proposed reforms to petitioning for bankruptcy are to be welcomed but others will hit creditors at a time when they are already struggling for survival
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CommentQSs and performance bonds
A QS can go to great lengths to get a contractor to put a performance bond in place. But if the contractor won’t pay for the bond, why blame the QS when the proverbial hits the fan?
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CommentGreen issues and building contracts
Ensuring construction contracts adhere to environmental legislation is not just about saving the planet - they can help your project run smoothly and protect you, too
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CommentThe NEC and 'good faith' clauses
The New Engineering Contract’s requirement to act in a spirit of mutual trust could penalise over-zealous suppliers just as easily as slack clients
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CommentConstruction Act payment rules: Why the scheme works a dream
The Construction Act’s payment rules have baffled many a great mind - but all you have to do is follow the ‘Scheme’…
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CommentAvoiding delays on projects: New CIOB contract
A contract aimed at reducing the factors that lead to costly delays is very much written for modern times - now is your chance to have your say
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CommentTony Bingham: Disputes before payment date
Here’s a recent dispute over payment that was deemed to have crystallised even though the payment date had not been reached
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CommentSite investigations: Don't get stuck on shaky ground
A site purchased for development may already have a geotechnical and environmental report attached. But will it offer the developer enough protection?
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CommentThe impact of the Construction Act six months on
The amended Construction Act has been in effect for over six months. What impact has it had on contracts and what redress does it offer if things go wrong?
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CommentLOGIC contracts: Solving the puzzle
A new contract from the oil and gas industry is set to become more common in the building sector as offshore work increases - but many of its provisions will be familiar
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CommentBest endeavours clauses: When your 'best' is put to the test
Best endeavours clauses sound fair enough until the contractor finds that sticking to them could leave it out of pocket
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CommentIn defence of imperfect Design and Build
Points made in a recent attack on design and build could have been applied to any procurement route - and failed to recognise the many good things that D&B brings to the table
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CommentPrivileged position: How claims consultants can protect themselves from disclosure
Claims consultants may not have the same legal professional privilege as practicing lawyers, but they can explore another route to protect themselves from disclosure
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CommentWhen judges let rip: Obliterated by obsession
The amusingly acerbic judgment from a Canadian case offers a darker reminder of what happens when reason fails
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CommentEPCM: Win-win procurement
Engineering procurement and construction management is widely used abroad. Is it time for UK companies to look at how they can benefit from this model?