Legal Comment – Page 81
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Comment
Quality of work: The QS's duty
A QS has been sued for valuing work that was defective. Luckily for it, the law is clear on this point. But surely QSs have a duty to speak up if they spot something’s wrong?
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Comment
Quality of work: Outside the QS's remit
The QS is concerned with value and quantity, so it is right that the law should not require them to be held responsible for matters of quality
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Comment
Don't bring back arbitration
Earlier this month Tony Bingham called for arbitration to be restored to its pedestal in construction contracts, but it was ripe for toppling
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CommentDid the spending review kill off PFI?
The chancellor described PFI as ’flawed’ last week, but it hasn’t fallen out of favour for all sectors - at least not yet…
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Comment
Common mistakes in... the design development process
In the second in a series on dos and don’ts on major projects, Iain Suttie discusses the design development process and where it can all go horribly wrong
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Comment
Bullying the adjudicator: Nice guys finish last
Some parties in a dispute think they can win a case by bullying and abusing the adjudicator. And you know what? They might be right …
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Comment
Outsourcing abroad: Indian takeaway
Why spend huge amounts of in-house time, money and resources on paperwork when outsourcing firms in countries like India have specialist teams to do it for you?
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CommentBuying an insolvent firm: Risky assignment
Buying an insolvent firm to take over its contracts is a job for experts. The reason is that there is no guarantee that the other parties to those contracts will let you do the work
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Comment
The project manager: A hero of our times
Don’t be fooled by the thick glasses and the side parting - that project manager in the corner might just be the person who saves your bacon …
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CommentThe value of PI: How can you lower your insurance premiums?
Quotes for professional indemnity insurance can vary by 300% between insurers, and cost up 25% of your fee. So you really need to understand how the market works …
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Comment
Enforcing liquidated damages: A shade of grey
A recent case involving a breach of contract has put into doubt the black and white principles behind enforcing liquidated damages
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CommentA decade on from PPC2000: Carry on partnering
A decade after it was written, a review of PPC2000 shows that it really does pay to partner, no matter how chilly the economic weather is becoming
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CommentBad form: RIBA standard form
The RIBA’s standard conditions contain a few things for clients to worry about, the main one being that they have to pay their architect even if they forget to put a door in
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Comment
Bring back arbitration
Before we made the big mistake of demoting it, arbitration used to be the main place for dispute resolution. Soon parliament will have the chance to make amends …
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CommentAdvising traditional procurement: Have I really been negligent?
Solicitors can explain legal issues and draft and negotiate contracts relating to procurement, but they don’t choose which route to take - that is the client’s decision
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Comment
Free schools explained: Is that a free-for-all ahead?
Controversial they may be, but free schools remain central to the government’s education vision. Private sector contractors will need to keep their eye on the chance
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CommentChange of control clauses: Keep a grip with sharp clause
What happens if the company you’re happily in contract with gets bought by another outfit? Well, that depends on the small print in your contract…
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Comment
The tragic case of a 15-year-old killed on site
Here’s a tragic case of a young man who was killed when a wall collapsed on him. His gaffer was a man of good character who didn’t mean anyone any harm. He got three years
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Comment
Rush to judgment: Southern Insulation vs How Engineering
Southern Insulation was facing a complex multiparty action. To avoid dragging it out over the August recess it applied for a quick decision. This is what happened next…
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Comment
Advance payment bonds: Another bond story
On-demand bonds to protect advance payments are a really good idea, but a recent case shows that you have to give the courts as little room for interpretation as possible