All articles by Robert Akenhead – Page 3
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Too much of a good thing
Human rights legislation seems to have complicated almost every area of public and private life – not least in planning and construction
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A question of judgment
Robert Akenhead - It is extremely difficult to get a court judgment set aside, as a contractor in Bedfordshire found out to its relief when it was accused of fraud
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Read the small print
Robert Akenhead - It will now be harder to overturn clauses limiting liability, after a Court of Appeal ruling that firms should be presumed to know what they are agreeing to
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It never rains but it pours
Designers, contractors and authorities that neglect to consider the impact of building near rivers could find themselves liable for flood damage caused downstream. Take care.
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Do you fancy a beer?
Got into a dispute? Here's a run down of the huge choice of resolution procedures on offer. However, you may find the fastest and cheapest is talking it over down the pub.
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Features
The biter bit
The RIBA really must pay attention to developers' complaints about the SFA/99 standard appointment form architects will only suffer from the preferential treatment it gives them.
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Who’d employ an architect?
At least, who d employ one if they are using the new standard contract, SFA/99? It unreasonably limits an architect s liabilities and weighs down a client with onerous obligations.
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The away game
In the third article on the FIDIC suite of international forms, they are found wanting when it comes to recovery of costs because of incidents outside contractors control.
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Dangerous liaisons
In the second article looking at the latest FIDIC suite of international contracts, another form is found to be heavily biased against contractors – and it’s the clients that will pay.
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An international outcry
For the international contractor, the new FIDIC forms are an unholy mess, full of pitfalls. This article looks at what is wrong with the Silver Book's design-and-build terms.
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Features
What the judgment means
As far as the law is concerned, the Harmon case is open and shut: on the evidence presented, the House of Commons was in clear breach of European and UK rules. How on earth did it get itself into that position?
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Features
Welcome to the lion's den
The Arbitration Act means that legally unqualified arbitrators have to tackle difficult issues of law and, as a case decided in July shows, they may have to do it at a disadvantage.
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Features
Free isn't always fair
Beware the exclusion clause – you can't always rely on the Unfair Contract Terms Act to get you out of trouble.
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Slow burner
Lengthy disputes cannot always be blamed on the courts. One case lasted five years because the parties tried to gain an early advantage.
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A deal is a deal
A recent case has clarified the way that variations should be valued and underlined the importance of the rates agreed in the original contract.
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What can they get you on?
Contractual parties are free to exclude liability as they think fit. But to avoid being caught out, they must define the exclusion as they want it.
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