Legal views – Page 82
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Comment
Future of education looks prefab
Local authorities were due to find out this week how much they will have available to spend on schools. Labour’s £55bn Building Schools for the Future (BSF) programme has been abolished and the coalition has pledged to spend £15.8bn improving the school estate.
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CommentWhat’s wrong with tradition?
Let’s not write off conventional contracting just yet, as some would have us do. Used in the right place at the right time, it is just as robust as any other procurement method
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CommentFour little letters that say ‘pay up’
Here’s another contract-not-in-writing-so-you-can’t-go-to-adjudication-but-do-anyway-so-everyone-ends-up-in-the-High-Court case. With a twist …
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Comment
Common mistakes in ... multiparty disputes
In the third in a series on dos and don’ts on major projects, Ben Mullard offers his tips on how to better your chances of victory in multiparty disputes
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CommentCala Homes vs Eric Pickles: Who will be the ultimate winner?
The court may have ruled that scrapping regional housing targets was illegal, but that won’t change the government’s localism agenda
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CommentWill I win?: Early neutral evaluation
If only there were some way of finding out if you were going to win your case before you spent £200,000 on it. Well, actually, there is something rather like that …
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Comment
Heartless: The case of a builder sued for having a heart attack
A builder suffered a heart attack during a job and could not finish the work. When his client sued him, the case turned on the rarely seen defence of frustration
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Comment
Collaborative law: A new use for lawyers
US family lawyers have devised a dispute resolution method - collaborative law - that rethinks the roles played by clients’ legal advisers. Now it’s being used in commercial disputes
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CommentStandardised prequalification form: Save while you slave
The coalition has a bright idea to save you billions of pounds on procurement. It’s a form called PAS91 and it’ll only take a couple of weeks to fill in…
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CommentPre-action disclosure: Show trial
Arbitration has often been criticised for its lack of early disclosure. But in fact arbitrators are obliged to avoid expense, and this is one good way to do it
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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 …