All articles by Jeffrey Brown – Page 2
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Storm damage: Under the weather
Last winter’s storms and flooding caused damage to existing buildings and those in the process of being constructed. But who bears the liability for delays to ongoing building projects?
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NEC3 : Compensation culture
The new NEC3 contract features mechanisms to change contract prices and completion dates, under certain circumstances. We look at compensation events
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No stay of execution
A contractor tries to delay paying its subcontractor, arguing that it cannot reclaim the money later if the other firm goes into administration. What did Mr Justice Ramsey think?
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Groundworks: Digging deep
Who carries responsibility if the ground conditions necessitate a design change in a building project?
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Legal disputes: The Olympics and Wembley
The notable lack of disputes on Olympic projects has been down to the openness of dialogue and willingness to share and exchange documents. If only Wembley had done the same
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Design defects: Careful what you claim
It’s a tough claims market out there with insurers taking a strict approach to the policy wording. Contractors should think twice before they splash out to resolve a design defect
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Half-way houses: Greening social housing
Open mike So we’ve finally got serious about making existing homes greener. That can make a big difference to social housing, says Jeffrey Adams – but only if we mix ambition with pragmatism
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Devon’s deadline: Perils of e-tendering
If a contractor has to submit an electronic tender by a certain deadline, what excuses can it offer if it’s a few minutes late? Well, as this case makes clear, there aren’t many …
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I've started so I'll finish: Can you omit all future works?
Cunning developers who want to terminate a contractor’s employment without facing claims are altering contracts to omit all future works. Can they get away with it?
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Kiss and tell
The wrangles between Multiplex and Honeywell at Wembley have thrown up an interesting problem about whether information in a negotiated settlement can be disclosed in court
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On your marks, get set ...
The NEC suite of contracts, as used by the London Olympics, contain some highly specific requirements concerning compensation events. It’s worthwhile paying attention to them now
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New life in old claims
Two recent cases mean that concealed defects can still come back to haunt builders, even if they are found many years after the building is completed
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Not bad, but not perfect
Jeffrey Brown presents the results of the Lee Crowder adjudication survey. It found that too many main contractors are dissatisfied with the dispute resolution process …
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Clarified better
The appeal court's ruling in Henry Boot vs Alstom has clarified the way variations should be valued and now, the ICE 7th Edition is making it easier to identify valuation problems at the outset.
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