Legal views 鈥� Page 92
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CommentThinking caps: Employer's agents
When a QS acts as contract administrator, certifier, project manager and employer鈥檚 agent, it all ends up like a game of pass the hat. But some principles always apply
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CommentTell them a bedtime story: Public sector tendering
If you鈥檙e a public authority inviting tenders, you should treat bidders like small children, eager to learn how you will judge them 鈥� and for heaven鈥檚 sake make sure they do learn
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Burning questions: Waste disposal strategies
Paul Mansouri and Mark Berry聽As Costain鈥檚 拢398m waste project in Manchester confirmed, muck and brass are as linked as ever. The link between muck and renewable fuel is more recent
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CommentContractors vs consultants: Rising claims
A contractor on a design-and-build job that gets duff advice and loses money may be tempted to sue whoever gave it that advice. Well, that鈥檚 easier said than done
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CommentWhat price victory? Winning back legal costs
You鈥檝e won a legal battle so it鈥檚 only reasonable you get your costs reimbursed, isn鈥檛 it? Ah, if only it were that simple
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CommentTime and punishment: Interest on unfair debt
If you don鈥檛 pay a legitimate debt, you are liable for interest on top. That鈥檚 only fair. But what if the creditor was at fault in some way, or the invoice was wrong?
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Fancy a change? How to be an expert witness
If you鈥檝e just been made redundant, it might be time to consider a career as an expert witness. Here are a few tips to get you started 鈥�
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CommentLet's be practical: Challenging a certificate of completion
Even when a 鈥榝inal and binding鈥� certificate of completion is issued, there may be room for the parties to challenge the validity of the decision
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CommentCold comfort: Paying damages to a firm in the red
It鈥檚 a chilling situation indeed to find yourself forced to pay hefty damages to a firm so far in the red that it鈥檚 positively crimson. Camden council can tell you all about it
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Farming today: The logistics of building wind farms
Developers might be keen to jump on the renewable energy bandwagon but building a wind farm has its own logistical, commercial and legal challenges
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CommentComplexity theory: Interconnected disputes
How do you deal with a whole load of connected disputes that all seem to have a knock-on effect on one another?
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Hidden wealth: How to be creative with asset-based lending
As land and property lose value, businesses looking to expand or keep afloat should be exploring the potential of raising money against other assets
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CommentYou asked me for a contribution: Are net contribution clauses fair?
A judge recently said net contribution clauses were 鈥榝air and reasonable鈥�, but clients have good reason to feel unhappy with the way they work in practice
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CommentPuzzling arithmetic: Joint liability
If two parties are jointly responsible for damage, who pays, and how much? The answer to this question is often surprising (and dismaying) for one of the parties 鈥�
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CommentWatch out for the tentacles: Defective Premises Act
Are you familiar with the Defective Premises Act? You鈥檙e not? Oh dear 鈥� well before you do any work on a house, you really ought to read the following horror story
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CommentA quick pull of the plug: Terminating a contract
State your case聽If you intend to terminate, it鈥檚 no good hanging around for ages before you break the news, or you may find the decision is no longer yours
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CommentHow to look good in public: Public Contracts Regulations
If you want to venture into public sector work without falling flat on your face, then you鈥檇 do well to have a few evenings in with the Public Contracts Regulations
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CommentTell me why: Give reasons for your decisions
Here鈥檚 a warning to all you adjudicators out there: if you give your reasons for a decision, then you have to address all the issues. If you don鈥檛, the whole thing may be thrown out
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Don't just twiddle your thumbs: Colleges delays
If you have a project funded by the Learning and Skills Council, you鈥檙e probably wondering how best to handle the delay and uncertainty. What follows should help
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CommentIt's a jungle out there: How to survive the recession
What with battling the birds of prey and the ravenous alligators 鈥� not to mention the swine with the money 鈥� you may have picked up more survival skills than you realise