Legal Comment – Page 89
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Do your own dirty work: Land remediation
Cleaning up contaminated land is one of the more scary tasks that developers face, so it’s vital to make sure that your contract is up to snuff. Here’s how to do it
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CommentShot by both sides: Collateral warranties for project managers
Project managers are liable to the client for all kinds of weird things, but now some contractors are asking them to sign collateral warranties
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CommentGood intentions vs reality: Collaborative working
The importance of collaborative working has been well understood and agreed for at least the past 45 years. The problems arise only when you actually try to do it
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Raising the standard: International procurement standards
In a recession, a standard for procurement for construction contracts could be just what the industry needs. So what do the draft rules say, and what would they achieve?
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How do I... issue a statutory demand?
Kicking off Berwin Leighton Paisner’s series on making the most of the legal process, Melissa Moriarty explains the use of a powerful money-extraction tool
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CommentThe one and only: using the NEC for public projects
The Office of Government Commerce has decreed that only one form of contract be used for all public work. But how did it come that conclusion? Well, that’s a good question
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CommentLegal energy: clean coal power stations
Clean coal power stations have been lauded as the next big thing in energy generation, but what exactly is involved in building them?
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Legal energy: nuclear power stations
Paul Cowan A nuclear power station is about the hardest project it is possible to undertake. Here are the legal implications
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Legal energy: alliancing
Alliancing has been little used as a procurement method in the UK to date, but experience overseas shows it can deliver projects economically and on time
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Can we fix it?: Repair and maintenance
Repair and maintenance contracts are starting to look rather tempting, now money’s thinner on the ground. But there are some particular challenges involved...
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CommentDevil take the hindmost: A six party case
Here’s a story about a flood in an office that caused millions of pounds of damage and gave rise to a six-party legal case. The question, of course, was who was going to pay
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Buyer beware: Distressed sellers
You can take some of the worry out of buying property from a distressed seller by knowing how to manage risk. But first you need to know what those risks are
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CommentA beginners' guide to English: Compact contracts
You may think it best to make a contract as verbose as possible to ensure it misses nothing, but in reality it’s best to be brief and to the point
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CommentThe use of weapons: Throwing in brand new arguments
Sounds like a pretty basic question, but what can the assaulted party in an adjudication do in its defence? Can it, for example, throw the kitchen sink at its tormentor?
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I've started so I'll finish: Can you omit all future works?
Cunning developers who want to terminate a contractor’s employment without facing claims are altering contracts to omit all future works. Can they get away with it?
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CommentAsking for the moon: Construction Act changes
The Specialist Engineering Contractors’ Group wants payment security on demand included in the new Construction Act. It should not – and will not – become law
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CommentTranscendental mediation: A mediator's role
The talking cure for construction disputes is a fine way to settle an argument – but only if the mediator is prepared to go beyond the role of polite, ineffectual facilitator
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Settle down: The popularity of mediation
Mediation is proving ever more popular as a way of settling disputes before they get to court. And, as it saves money, parties are going willingly to the talking block
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CommentThinking caps: Employer's agents
When a QS acts as contract administrator, certifier, project manager and employer’s agent, it all ends up like a game of pass the hat. But some principles always apply
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CommentTell them a bedtime story: Public sector tendering
If you’re a public authority inviting tenders, you should treat bidders like small children, eager to learn how you will judge them – and for heaven’s sake make sure they do learn