Legal views – Page 92
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CommentYou asked me for a contribution: Are net contribution clauses fair?
A judge recently said net contribution clauses were ‘fair and reasonable’, but clients have good reason to feel unhappy with the way they work in practice
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CommentPuzzling arithmetic: Joint liability
If two parties are jointly responsible for damage, who pays, and how much? The answer to this question is often surprising (and dismaying) for one of the parties …
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CommentWatch out for the tentacles: Defective Premises Act
Are you familiar with the Defective Premises Act? You’re not? Oh dear … well before you do any work on a house, you really ought to read the following horror story
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CommentA quick pull of the plug: Terminating a contract
State your case If you intend to terminate, it’s no good hanging around for ages before you break the news, or you may find the decision is no longer yours
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CommentHow to look good in public: Public Contracts Regulations
If you want to venture into public sector work without falling flat on your face, then you’d do well to have a few evenings in with the Public Contracts Regulations
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CommentTell me why: Give reasons for your decisions
Here’s a warning to all you adjudicators out there: if you give your reasons for a decision, then you have to address all the issues. If you don’t, the whole thing may be thrown out
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Don't just twiddle your thumbs: Colleges delays
If you have a project funded by the Learning and Skills Council, you’re probably wondering how best to handle the delay and uncertainty. What follows should help
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CommentIt's a jungle out there: How to survive the recession
What with battling the birds of prey and the ravenous alligators – not to mention the swine with the money – you may have picked up more survival skills than you realise
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Before you jet off: Contracting abroad
If you’re thinking of heading abroad to find work, make sure you read through this list of tips so you don’t find yourself in trouble over a contract
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CommentYou'll never walk alone: Representing yourself
If your recessed budget doesn’t stretch to legal fees and you decide to represent yourself, you should at least go in armed with these expert tips …
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CommentCut costs, not jobs: Lower HR costs without redundancies
Tempting to reach for the P45s when your business is suffering, isn’t it? But the wisest companies are finding alternative ways of reducing costs …
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CommentLet's get it right this time: Construction Act changes
The government looks set to oppose any amendments to their changes to the Construction Act, but some of these weren’t fit for purpose anyway
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CommentYou can't just do what you want: Adjudicator's guidelines
What are the legal guidelines that an adjudicator has to stay within? This frequently asked question just became a little bit clearer thanks to a recent case in the Scottish courts
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CommentIn my expert opinion: How to pick an expert witness
Expert witnesses can make or break a case, so it’s vital to pick exactly the right (independent, knowledgeable and impressive) person for the job
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CommentFriends disunited: Mixing business and pleasure
What’s wrong with agreeing a deal in the pub with a beer, a nod and a wink? After all, you’re mates, aren’t you? Well, sadly, those days are over. You must properly record everything
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CommentWhy the long face: Construction Act amendments
The House of Lords is considering an amendment to the Construction Act that would make its payment rules ever so simple to use. Here’s what it says
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Catch me if you can: Avoiding health and safety penalties
If your company faces an enormous penalty for breaking health and safety laws one option is to dissolve the company entirely. But is it right, wise, or even legal?
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How to be good when times are bad: early contractor involvement
Early contractor involvement thrived during the good times. But can the system stand up in today’s tougher economic environment?
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CommentThe dance of debt: Costs of dispute
Some folk will perform the litigation tango over trifling disputes, and lose vast sums in the process. But at least they teach us a few new things about the law…
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Linnett to the rescue: Linnett vs Halliwell
A party can’t get out of coughing up its fair share of an adjudicator’s fees by quibbling about jurisdiction after the event (we have one Christopher Linnett to thank for that)