All articles by Ian Yule – Page 4
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Comment
A case of foot and mouth
If you think an adjudicator has no right to decide a dispute, be careful about what you say – you can lose the right to have the court overturn the result
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Comment
Fabulous creatures
This punch-up between Tesco and Costain illustrates some important points for those interested in construction law – some of them to do with slaying non-existent beasties
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Reasons to be cheerful
Multiparty PFI disputes are increasing, and can end up being very costly. But now there are two methods of streamlining them that should be good for everyone concerned
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So, Mr Bond...
Escaping from an on-demand performance bond can be extremely tricky – and a recent case gives little comfort to those hoping the courts will rescue them
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Dear prudence
Taking pre-emptive action to avert a third-party claim may well save your insurer money. But don't expect the insurer to thank you by covering your costs
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Another fine mesh
Disputes in PFI cases often involve three parties. So why shouldn't they all be dealt with together before one tribunal? It might save all sorts of entanglements
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What's yours is mine
Guidance has been published on what happens when a firm makes a windfall profit by refinancing a PFI. You have been warned …
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The PFI booster
The new Guidance on Standardisation of PFI Contracts is something of a mixed bag for building contractors, but may succeed in giving the PFI a vital shot in the arm …
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Comment
Is there a draft in here?
The draft NEC Term Service Contract is a flexible little number, but it has gaping holes in it – on completion dates and liquidated damages – that you are expected to fill in
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Comment
Have you noticed the time?
Contractors can have their work cut out trying to get an extension of time. But sometimes the stringent conditions placed on them can backfire on the employer
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The pleasure principle
Surveyors and architects be warned: if you don't bring your client the happiness the contract leads them to expect, you may well be liable for damages
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Three great legal myths
There is a danger that some urban myths about disputes will become embedded in people's minds unless arbitrators and adjudicators take steps to expose them
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Something better change
The NHS Executive says that its standard form contracts for PFI deals should be used largely unamended – but actually, there's no way the parties can do that. Here's why
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The end of the affair
Ian Yule - If a client (in this case, Great Yarmouth council) drafts a clause that says it can terminate for any breach, then that's what it can do, can't it? Tell that to the Court of Appeal …
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Features
What is the use of QSs?
Ian Yule - The general public has little or no idea of what QSs do. As far as the law is concerned, they fulfil three valuable roles that are helping to shape the future of quantity surveying
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Comment
Reasonable precautions
The government's new facilities management contract is flexible and reasonably fair. However, there are one or two things to beware of before you sign on the dotted line.
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Features
Verbal remedies
What happens if a contractor carries out a variation on the basis of a verbal instruction and the employer s agent then says instructions are only valid if in writing? All may not be lost.
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