All articles by James Bessey – Page 3
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Comment
Ahead of its time
James Bessey - says PPC2000 is fine, but English law just isn't ready for it yet, while on page 54 David Mosey, who drafted the heads of terms for the contract, defends his creation
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Comment
Tangled web we weave
Who'd be an adjudicator right now? Recent conflicting judgments on the impact of human rights legislation leaves them operating in a most uncomfortable framework.
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Features
Last chances
Parties often have a time limit to raise objections after a certificate has been issued. But they also have the right to call for an adjudicator at any time. So, can they or can't they?
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Features
The price of freedom
Adjudication may be a right, but that doesn t stop firms from adding clauses to deter people from exercising it which makes the Construction Act more costly to run than it need be.
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Features
Back to Latham
Adjudication seems to be failing in one of its key objectives: to improve site relations. Perhaps this is because one of its key uses, set out in the Latham report, is being ignored.
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Features
Adjudication’s added value
Arguments about whether there is a contract can be more expensive to resolve than the argument about whatever the argument’s about. But adjudication is set to change all that.
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Features
Asking for trouble
This is the story of a company that went to adjudication and ended up with exactly what it said it wanted in its referral notice – and no more.
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Features
Do you really want to know?
If you lose an adjudication, do you want to know why you lost? If you do, you have to agree to it before you get into the contract. Here are some things you should be aware of.
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Features
Legal advice from the client
The rules on costs introduced by Lord Woolf s Civil Procedure Rules mean that there are some aspects of the law in which the client may find itself advising its lawyers.
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Features
ADR: a costly alternative?
New rules encourage negotiation as an alternative to litigation to solve contractual disputes, but uncertainty about recovering costs is hampering take-up of it.
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Features
Counting the cost of Woolf
Recent changes in English court practice mean that the winner of an action should no longer assume it will be able to recover its costs.
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