Legal Comment – Page 79
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Comment
Common mistakes in ... tiered dispute resolution clauses
The fourth in a series on dos and don’ts on major projects discusses tiered dispute resolution clauses, which can save you time, money and paper hankies
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CommentComing back for seconds
A first adjudicator’s decisions are a no-go area for a second adjudicator. But it’s open season on the bits that didn’t actually decide the dispute
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THE NAME’S BOND
Bonds are a crucial part of contractual relationships, but do you know your on-demand bond from your conditional bond? A recent case should help you
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CommentWinning on penalties
You may have agreed a sum for breach of contract, but there’s an old common-law doctrine that could see it struck down as a penalty. Fortunately this does not happen often, says Tim Elliott
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CommentThis is never going to work
Retention funds waste everybody’s time and achieve nothing of value. Here’s a case that shows, yet again, why we should ditch them
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CommentIt's PFI, Jim, but not as we know it
Reports of the death of PFI are exaggerated, but the funding model is going to have to change to reflect a time of public sector austerity
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CommentHow to claim compensation for the snow
If the recent snow has caused disruption to a construction project you can make a claim, but you need to know how the various contract forms work first …
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CommentSlippery slopes: Honesty when compiling accounts
Have you ever been tempted to tweak the books a bit? Don’t. Read this cautionary tale aboout a developer who felt hard done by when his houses slid down the hill
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Comment
Too much information
Freedom of information legislation can expose firms contracting with public bodies to commercial disadvantage. A recent appeal court ruling recognises this
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CommentCan lawyers change their spots?
In 2011 lawyers are going to have to adapt to win work, whether by rebranding themselves, becoming mediation advisers or by moving in with the client…
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CommentChristmas deadlines: A guide to dealing with disputes
If you’re embroiled in a payment dispute over the festive period, getting the timing right could be critical
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CommentThe legal implications of using Building Information Modelling
BIM has huge benefits, but the principle of sharing could come unstuck when mistakes are discovered.
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CommentHow clients impose unreasonable terms on consultants
In austere times, clients are trying to transfer more of the risk onto desperate contractors. But to say consultants get off scot-free doesn’t tally with reality
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CommentLegal review of the year: Negotiating the chaos
The legal year was dominated by cuts, judicial reviews of cuts, and contractual squabbles. The prospect of chaos was never far away
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CommentA few of my favourite things
There are some good ideas coming out of the axe-wielding new management. One of the best is speeding up payments in the construction supply chain
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CommentWhen is an adjudicator’s decision binding?
When there’s more than one adjudication in a dispute, then the decision made by the first adjudicator binds the others, right? Well, it all depends what kind of decision it was
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Comment
Right to light
When there’s more than one adjudication in a dispute, then the decision made by the first adjudicator binds the others, right? Well, it all depends what kind of decision it wasr
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CommentThe insolvency exception to the pay-when-paid ban
The Court of Appeal ruling in Hare vs Shepherd gives out-of-pocket subcontractors a chance to challenge the insolvency exception to the pay-when-paid ban
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CommentEarly neutral evaluation: A practical guide
Early neutral evaluation has some advantages over mediation, particularly if there is a point of principle at stake. But it can be costly, and it won’t provide a full legal answer
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CommentCan councils stop Gove scrapping BSF?
Government could be forced to fund culled BSF projects after Judge forces issue into the High Court