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Construction and materials industries

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Don't skimp on the details

Article Abstract:

Construction contractors who carry out defective work could find that they are involved in a criminal prosecution. The UK's Health and Safety at Work Act 1974 requires all those engaged in construction to conduct their work in a manner that exposes others to health and safety risks. The prosecution of a construction contractor accused of endangering public safety when a portion of a suspended ceiling in a supermarket collapsed, even though no-one was in danger, shows that the industry must be aware of the health and safety consequences of their work, should it fail.

Building, Developing, and General Contracting, Contract Construction, Construction contracts

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Litigation to get you all steamed up

Article Abstract:

The case of Mowlem v Phippen Randall and Parkes and Eagle Star has serious implications for architects. Mowlem alleges that architects Phippen Randall and Parkes colluded with the employer, Eagle Star to damage it and to defer payment knowing that Eagle Star could not pay. The claim is made under economic tort which concerns unlawful interference in a contract by a third party. If Mowlem is successful, architects will be personally liable where there is a claim against an employer that has gone bankrupt.

Architects, Malpractice, Torts

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The burden of proof

Article Abstract:

It is wrong for building disputes centering on final account discussions to require proof beyond reasonable doubt before agreement can be reached. It is reasonable that disputes over claims in a civil court should be proved, but not beyond reasonable doubt, which should be reserved for criminal prosecutions.

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