All articles by Rachel Barnes
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CommentClaims under collateral warranties
In her final column for 好色先生TV, Rachel Barnes looks at a case that sheds some light on the thorny question of whether a claim under a collateral warranty can be referred to adjudication
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CommentRepudiatory breach of contract: Once more unto the breach
A repudiatory breach by the other side allows you to terminate a contract. But you will need to be sure it is such a breach if you don鈥檛 want the courts to put you right
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CommentO ye of little faith
A recent Court of Appeal case confirms the traditional English hostility to a general doctrine of good faith in the performance of contracts
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CommentDelays: A likely story
Deciding whether a party causing a delay was responsible for the fall in the market value of a property boiled down to whether that loss was 鈥榥ot unlikely鈥�
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CommentLimited liability: Even limits have their limits
Contract terms that seek to limit liability have to be able to pass a test of reasonableness 鈥� and not only where they are part of standard terms
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CommentOnce more unto the breach
When does a delay to a project become sufficiently serious to incur a repudiatory breach, allowing the contract to be terminated?
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CommentThe duty to warn
If a dentist treating one tooth notices that another is rotten, he has a professional duty to tell the patient. Unfortunately, the duty to warn isn鈥檛 always so straightforward
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CommentCauses and loss: Pegasus vs Ernst & Young
A case against Ernst & Young sheds fresh light on an old chestnut - whether the new owner of transferred assets can sue for its predecessor鈥檚 alleged losses
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CommentKnowing when time limits for legal action start
There are time limits for commencing legal actions but the really tricky part is knowing at what point the clock starts
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CommentThe Construction Act: Changes to consultants' payment processes
Consultants鈥� payment processes are traditionally very different to those of contractors. So how have they changed in the standard contracts since the new Construction Act?
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CommentPart 36 offers: It's all in the timing
Part 36 offers are made by a party as a way of settling a dispute. But if you鈥檙e planning to use one, be aware that they are not time-limited and apply until they are withdrawn
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Safety obligations: Common law liability
In a case concerning hearing loss among employees, the Supreme Court has come down in favour of a common law approach to safety, rather than stricter statutory law
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CommentIt鈥檒l all come out in the wash
Ever since the Proceeds of Crime Act came into effect, construction has feared unwittingly getting caught up in money laundering. But recent cases should make us worry less
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CommentRobinson vs PE Jones: Duty in tort
锘緼 quirk in the law of limitation means a claim for economic loss under a contract has a different time limit from the same claim brought in tort
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CommentOutstanding novation
Rachel Barnes If no formal novation agreement exists between a contractor and a consultant but they act as if there was, a court may accept that the intention was to create an appointment
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CommentRIBA conditions of appointment: A return to a simpler time
The RIBA鈥檚 latest conditions of appointment aren鈥檛 perfect, but they鈥檝e swept away many of the onerous obligations in the 2007 edition
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Contracts in writing
Until now, a contract has had to be in writing for a dispute to be referred for adjudication鈥�
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CommentCML certificate: But you said it was fine!
In April 2007 the Council of Mortgage Lenders (CML) produced a standard form certificate that consultants can be asked to sign concerning the condition of a newly built residential property
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CommentACE agreements: Altogether now
The recent streamlining of the two design agreements for consultants into one brings simplicity and flexibility as well as a new take on liability
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CommentTake the fifth: Liability for design mistakes
If you鈥檙e an architect, and you suddenly realise that you鈥檝e made a mistake, do you have a duty to tell your client about it? Well, that all depends