Call their bluff: the legal system is tilted in favour of claimants (Record no. 72279)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 01524cam a2200205 4500 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 030311n2003 000 0 eng u |
| 035 ## - SYSTEM CONTROL NUMBER | |
| System control number | (Sirsi) u121589 |
| 100 ## - MAIN ENTRY--PERSONAL NAME | |
| Personal name | Henchie, N. |
| 245 ## - TITLE STATEMENT | |
| Title | Call their bluff: the legal system is tilted in favour of claimants |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Date of publication, distribution, etc. | 2003 |
| 490 ## - SERIES STATEMENT | |
| Series statement | Building |
| Volume/sequential designation | 258(8771) 21 February, 55(1) |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | In construction disputes, unlike in other cases, it is worthwhile a claimant testing out the strength of a claim by adjudication. Adjudication can be inexpensive and efficient. If a claim is likely to be complex and for a large amount, or cannot be adjudicated the pre-action protocol can be used. There is no cost penalty if a claimant decides later against pursuing the claim. The Technology and Construction Court will penalise defendants who do not comply with the pre-action protocol. Compliance with the pre-action protocol has become time-consuming and costly so a defendant can protect themselves by naming a good adjudicator in the contract, placing contract clauses deterring would-be claimants from adjudication, providing for arbitration and serve notices. And if all else fails try offering the claimant a deal. |
| 590 ## - LOCAL NOTE (RLIN) | |
| Local note | ABS |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | CONSTRUCTION DISPUTES |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | PRE-ACTION PROTOCOL |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | CONTRACT CLAUSES |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) | |
| Topical term or geographic name as entry element | BUILT ENVIRONMENT-BUILDING CONTRACT FORMS |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Suppress in OPAC | 0 |
| Withdrawn status | Lost status | Source of classification or shelving scheme | Damaged status | Not for loan | Home library | Current library | Shelving location | Date acquired | Total Checkouts | Barcode | Date last seen | Copy number | Price effective from | Koha item type |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Dewey Decimal Classification | London | London | Journal article | 11/03/2003 | 121589-1001 | 06/08/2019 | 1 | 06/08/2019 | Journal article |