All articles by Ann Minogue 鈥� Page 2
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CommentIt was the torpedo, stupid
Everyone finds global claims confusing but a Scottish court armed only with common sense and a First World War U-boat has helped us all out
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CommentReturn to sender
Attention all clients! If an adviser turns itself into a limited liability partnership and writes to ask you to change your contracts accordingly, don't. This is why 鈥�
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Grrrrrrrrrrrrrrrrrrrrrrrrrrrr
Ann Minogue聽welcomes us to the tedious, futile, wasteful, aggressive, pointless, hypocritical, irrelevant, bullying, baffling and pretentious world of her top 10 pet hates
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Diabolical liabilities
The Construction Industry Council is reponding to changes in the insurance market by insisting that the client takes on consultants' extra risk. This won't do
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Spec savers
If you're expecting someone to do a load of work for you on a speculative basis, you'd better keep reminding them that that's the deal 鈥� or you'll end up paying
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Grumpy? Van Morrison?
You may go to great lengths wording a contract to protect your interests but if you then go and wrongfully terminate it, you'll pay 鈥� even if you are a troubador
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I think we need to talk
Email and CAD have revolutionised information exchange, but unless everyone is using the same system, technology can create more problems than it solves
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Secret squirrels
Confidentiality is not the preserve of film stars and BBC journalists 鈥� obligations of confidence are intrinsic to your common or garden construction contracts
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Single cream
Does the JCT's major projects form offer the kind of single point responsibility that those who use design-and-build procurement require? Well, actually, yes
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A concrete example
The widespread amendment of design-and-build contracts heaps undefined risks on contractors and breeds disputes. But soon all cards will have to be on the table
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Sail or return
You buy a yacht for a cool quarter of a million, sail around in it for six months, decide you don't like it and ask for your money back. Fair dos 鈥� or taking the mick?
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Pitch battles
With exorbitant interest clauses and dodgy transfer deals, football is not such a funny old game in the courts. For once, construction can just take a seat and spectate
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It's a dead cert
Non-standard collateral warranties are set to re-emerge 鈥� and as their interpretation is so unpredictable, we'll no doubt soon be begging to see the back of them
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Closing time
Clear contractual arrangements can save arguments over when practical completion has occurred. But be careful 鈥� an overly stingent definition can backfire
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Life should mean life
What's the point in paying for long-life products if you can't sue when they fail after the limitation period? Not much 鈥� but fortunately, a new law is on the way
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Incident at an injunction
Philandering footballers and fiery models are known for firing off injunctions, but they do occur in construction as well 鈥� unless the claimant applies too late
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Good practice vs Dracula
The construction industry regards fitness for purpose with horror 鈥� but, as a recent Court of Appeal case demonstrates, there's really nothing to be afraid of
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The reckoning
Is adjudication living up to our hopes? Hardly, when it has increased disputes, failed to deal satisfactorily with complex cases and become prey to bully-boy tactics
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Variation, and a theme
If you sign a long-term deal with a client, congratulations. And if you haven't ensured you can keep up your end, commiserations. You're at the mercy of fate 鈥�
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