Legal views – Page 90
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CommentTurning of the tide: Super litigation
Litigation is too often the meandering paddle steamer to adjudication’s inaccurate exocet. But a recent case shows courts can sometimes be both speedy and right
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CommentHow to land in the deep end: Trade associations
Of course trade associations want to boast about their members. But in doing so, they can come perilously close to taking the rap if those members do a dud job
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Should you fess up?: Corruption
The Serious Fraud Office’s efforts to encourage self-reporting of corruption has created quite a dilemma for the construction sector
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CommentAll for one: The OGC's contract decision
Tony Bingham claims the Office of Government Commerce was wrong to endorse the NEC3 contract over others, but in reality this is just the standardisation he was seeking
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Electro-shock blues
What happens if an electricity company refuses to lay cables on a developer’s neighbour’s land without its consent? A lot of strife for the developer, that’s what
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CommentOn getting a thick ear: Trinity Walk, Wakefield
This is a story about a busted developer and a contract that contained a pay-when-paid clause. The lessons that emerge from it are harsh, but it’s a good idea to learn them
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CommentBe careful what you wish for: Supplemental agreements
The dire economy is prompting many parties to alter their contracts with supplemental agreements. But if you’re not careful, they may be worse than nothing
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CommentWealth and safety: Risk shifting on Terminal 5
Steven Morgan, the former admiral who runs BAA’s procurement, wants to shift all risk to his contractors and consultants. That’s fine and good, but there are costs …
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Secrets and lies: Aukett Fitzroy Robinson's fraudulent misrepresentation
A court has found architect Aukett Fitzroy Robinson guilty of fraudulent misrepresentation for failing to inform its client that a team member had quit
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CommentPrivates on parade: Mediation
You probably like to think that mediation is a private dispute resolution method where everything is kept secret. But it seems the courts can order you to reveal all
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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...