All articles by Nick Henchie – Page 2
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Call their bluff
The legal system is tilted in favour of claimants, thanks mainly to the 'pre-action protocol' that lets them growl defendants into submission. But you can fight back …
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Redmond's recipe for fudge
For an adjudicator, reaching a decision on a complex case in 28 days may be tricky – but doing a botch-job, as John Redmond suggested, doesn't do anyone any justice
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Take them to the vets
The trouble with adjudication is that the referees often aren't up to much. We need a new system of choosing them and a better way to keep them on their toes
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Just cool it
A draft delay protocol is supposed to take the heat out of the contentious area of delay. But as it stands, it could simply makes things worse
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Legal letters
Nick Henchie's guide to ways of dodging adjudication and Andrew Pike's call to scrap JCT contracts provoked a bulging postbag. Here's a small selection of readers' thoughts …
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Don't even think about it
Adjudication is potentially so flawed that even a lousy claim stands a chance of success. So for main contractors and employers, deterrence is the name of the game
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You can run, but you can't hide
Tony Bingham's suggestion of insurance is a fine idea, but while protecting many, it will leave thousands still at risk from the consequences of the Babb case
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Out of control
Adjudication was set up to provide a quick, effective way to sort disputes. In fact, it's proved all too effective – it's growing at an incredible rate, and turning site relationships into mangled wreckage.
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