All articles by Laurence Cobb
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CommentPromise to be good
Recent years have seen the use of 鈥榞ood faith鈥� provisions in construction contracts. But what does an expression of good faith mean in practice?
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Comment鈥極ops, sorry, I didn鈥檛 notice 鈥︹��
Getting notices right under the contract can be critical to the success of your project. Pleading ignorance, or hoping things will be sorted out later, can lead to disaster
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CommentDefects: Making it right
Contractors are expected to come back and repair any defects after completion of a scheme but if they refuse 鈥� or an employer does not ask them 鈥� who carries the cost?
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CommentWeather delay: Come rain or come shine
How bad does the weather have to get for it to warrant an extension of time? We need to be aware of our contractual entitlements in exceptional weather conditions
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CommentClaims for distress: Bit of an upset
Can you put a price on the distress and anxiety caused by a building project that goes awry? Some previous cases provide guidance
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CommentTender processes: Fair game
Great care must be taken over payment procedures and timings before and after practical completion, as ignoring them can prove to be a very expensive exercise
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CommentIt's all in the timing
Great care must be taken over payment procedures and timings before and after practical completion, as ignoring them can prove to be a very expensive exercise
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CommentLove thy neighbour (or sue them)
What happens if something happening on a neighbouring property causes damage to next door?
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CommentWeather: A British obsession with financial consequences
Until technology allows accurate long term weather forecasts, what can be done to manage the risk?聽
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CommentGood knight to adjudication: Is jousting the answer?
Adjudication can become a long drawn out and expensive affair 鈥� let鈥檚 replace it with jousting
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CommentWhen is a building not a building?
Defining what is a building 鈥� or more specifically a construction operation 鈥� is not as easy as you think
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CommentWhy did you sign that?
Identifying who is liable if that dream property purchase turns into a nightmare can be difficult
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CommentKeeping the cash flowing
The fair payment charter is clearly going to need some teeth and enforcement powers but who the teeth will belong to and what the enforcement measures will look like remain to be seen
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CommentNet contribution clauses: Make sure it's 'crystal clear'
Net contribution clauses have become common place in certain construction agreements such as consultant appointments, warranties and third party rights schedules in favour of purchaser and tenants
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CommentChoosing subcontractors: My choice but your fault
What happens when the client wants to have its cake and eat it by choosing the subcontractors but making the main contractor wholly responsible for their performance?
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CommentClaims resuscitation: The patient may already be dead
If you believe you have a claim under a construction contract be conscious of the risk of expiry of limitation
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CommentExpert shopping: They're not just for Christmas
Choose carefully when picking an expert to support your case 鈥� replacing them if they don鈥檛 provide the answers you want may prove difficult
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CommentCorruption: Time for a deep-clean
A CIOB survey suggests that corruption is still rife in construction. So what more can be done to remove this stain on the industry鈥檚 reputation?