All articles by Simon Lewis – Page 4
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Comment
The nerve of it
My case is based on complete tosh but the adjudicator looks like a nice chap and if I put in a claim for a million he may give me half. Yeah, I'd say that was fair …
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Comment
Deathwatch
It is estimated that 1.5 million non-residential premises in the UK may be affected by a new regulation to control asbestos at work. Is yours going to be one of them?
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Comment
And then some
The Late Payment of Commercial Debts (Interest) Act 1998 may not have taken the world by storm, but it has hefty implications for adjudicators considering awards
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Comment
Existential angst
A recent case reminds us that if the parties fail to conclude negotiations on terms they regard as important, then a contract may not exist at all
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Comment
Up the resolution
The Centre for Effective Dispute Resolution's new procedure presents a flexible way of solving disputes that leaves the parties in control for as long as possible
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Comment
Who'll protect us from our protectors?
As firms spend more and more money to buy less and less insurance cover, the industry and its clients are lurching towards a crisis. Is there any relief in sight?
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Comment
Testing times for testers
It's early days still for the independent testers who certify completion on PFI contracts. But not too early to put their role under the spotlight
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Comment
A choice of damage
Liquidated damages may make contractors wince, but really they should be seen as a good and faithful friend – particularly when you consider the alternative
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Comment
Can adjudicators add interest?
According to John Redmond, an adjudicator cannot add interest to a debt unless the contract specifically allows them to. But there's a counter argument to be put …
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Comment
Ups and downs of LIFT
The Local Infrastructure Finance Trust aims to combine facilities for health and social services. But will the disparate local stakeholders unite under the LIFT banner?
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Comment
Peace, love and understanding
Those who already approach partnering in the right spirit will probably welcome the new NEC partnering option's emphasis on a less confrontational attitude
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Comment
Don't get caught by foot and mouth
Simon Lewis Do the standard forms protect contractors from losses caused by emergency exclusion measures to tackle the latest livestock epidemic?
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Comment
Not the best of all possible worlds
Simon Lewis - Because the NHS standard form for PFI contracts assumes a greenfield site, it is geared to conditions that may not reflect those faced in reality
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Comment
Grounds for debate
Unforeseen problems with ground conditions are a major headache and it's crucial to be clear about where the risk lies in the contract. But this is debatable, especially on PFI projects …
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Features
Interest charges
With the trend towards no-win, no-fee agreements in construction claims cases, the obscure charge of champerty acts as a barrier to profiteers' ill-gotten gains.
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Features
The means to an end
Adjudicators' decisions may be provisional and interim, but at least they let the parties get on with the contract in the meantime. Viewed that way, the future for adjudication looks bright.
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