Legal views 鈥� Page 98
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CommentRICS consultancy form: A false friend
The RICS鈥� forms for appointing consultants may be easy to use, but they have some distinctly hostile implications for those who sign them without amendment
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CommentConstruction Act payment rules: Unspeakable
One problem that has bedevilled the Construction Act鈥檚 payment rules is finding a few simple sentences that explain what they actually are 鈥�
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Lianakis AE v Alexandroupolis: Ability don't enter into it
The European Court of Justice has made it clear that public bodies cannot take account of a bidder鈥檚 capacity to do the job at the award stage
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CommentNovation: Wise precautions
If you鈥檙e a contractor and you鈥檙e asked to accept the novation of a consultant, make sure it really is going to be joining you 鈥� and be careful which form you use
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CommentCivil Engineering vs VGC Construction: Did you hear the one about鈥�?
聽鈥� the subcontractor who put in a claim for 拢300k with no supporting evidence? Well the parties ended up telling it to the judge, who supplied a rather surprising punch line
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CommentCJP Builders vs William Verry: Some verry fine distinctions
This case highlights the importance of adjudicators giving parties the chance to be heard. But in other cases they are right to disregard submissions
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CommentCEDR adjudicators: Fast relief for aches and pain
Here鈥檚 a new cure for those heated disputes: wait until adjudication comes to an end, don鈥檛 tell the parties who鈥檚 won what, then ask if they fancy a bit of mediation. Hey, it works
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CommentA matter of some interest: Ruttle vs secretary of state for the environment
It can be difficult to judge when interest on money owed starts to run. But firms will get short shrift from the courts if they claim without having issued an invoice first
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CommentBy personal appointment: Makers v Camden
When a company in a dispute suggested a particular adjudicator be appointed to its case, the other party was incensed. Here鈥檚 what happened 鈥�
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CommentSo you want to be a judge, eh?
Here鈥檚 the strange case of the bullock that burned down a house 鈥� and presented a judge with a prize conundrum. This is how he went about solving it
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Disputes in the desert
With construction wrangles in Dubai likely to increase, you鈥檒l need to know how to go about resolving them 鈥�
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CommentDraft Construction Bill: I鈥檓 amphibious about it
The reform of the Construction Act will probably right some obvious wrongs, but why couldn鈥檛 it have been written in plain English? Take the payment rules for instance 鈥�
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CommentGalliford Try vs Mott MacDonald: A sense of loss
If a consultant causes a contractor economic damage, does it have to compensate the wrong party even if there is no contract between them?
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CommentLet鈥檚 ditch the training levy
The ConstructionSkills levy is making enemies and criminals out of contractors and not getting much training done either. There must be a better way 鈥�
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CommentRecord keeping: The art of self-defence
Conscientious record-keeping can give you invaluable ammunition should you want to blame others when things go wrong. Worth every dull moment
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CommentFramework contracts: The people vs Camden council
Government agencies are encouraging local authorities to adopt strategic procurement arrangements but the courts are taking a dim view of them
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CommentA slippery slope
A recent order by a judge for a party to reveal its insurance details has sparked concern that claimants will now be able to request this information all the time
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CommentVictorious losers
EU rules insist that public contracts be run in a fair and open way. So, if you miss out, and you think the client wasn鈥檛 fair, you can ask a court for damages. A lot of damages 鈥�
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CommentDomestic builds: Identifying the rogue element
Things often go awry with domestic projects, but they may not always be the fault of cowboy builders
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CommentOlympic hopeful
Never trust an Olympic Delivery Authority until you can see the white of its balance sheet. On the strength of this, Tony Bingham聽is quite encouraged, actually