Tony Bingham

Tony Bingham

Tony Bingham is an arbitrator, adjudicator, mediator and barrister. Each of those involves dispute management, decision making, and dispute resolution. As well as that, he is a writer, commentator and lecturer.

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    Procuring our safety

    2017-09-14T06:00:00

    Procurement issues lie at the root of the Grenfell Tower tragedy, argues our legal columnist: it’s dangerous for architects and engineers to cede control of how their specification is implemented

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    Still beating the drum

    2017-04-21T07:00:00

    In his first column, in April 1987, our legal columnist, criticised the CITB levy. As a new training charge looms, he assesses the 30 years since: ‘disputomania’, adjudication, and what happens next

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    Third time lucky?

    2016-12-02T06:00:00

    Here’s a case that shows up the sheer muddle that is the Construction Act’s payment rules. They need to be rewritten - only not by those who made such a mess of it on the first two attempts

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    Trump? Oh no it isn’t. Oh yes it is!

    2017-01-06T06:00:00

    So much of the world - and construction in particular - looks like the back end of a panto horse. Imagine if we had a powerful, no-nonsense wheeler-dealer taking over the reins…

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    Playing the game

    2017-01-30T15:13:00

    A recent TCC case shows how the back and forth between contractor and employer around payment notices can descend into a parlour game

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    Who gets the bill?

    2017-03-02T06:00:00

    A collapsed tunnel on a hydroelectric scheme left the contractor and employer in dispute about who should pay to have it rectified. So where does liability lie?

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    Ready for a reboot?

    2016-03-04T06:00:00

    Adjudication, introduced as a quick-fix solution, has become blighted by tactical game playing. Perhaps it’s time to shake things up again

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    Contracts: Not so fast

    2016-03-30T11:01:00

    Here’s a case about a Porsche dealer that promised a customer he was first in the queue for a rare GT3 - but then sold it to somebody else

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    Adjudication: The list’s the thing…

    2016-05-04T06:00:00

    As we celebrated 400 years since the Bard’s death last month, a High Court case reminds us how important it is to ask the right questions

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    Mental health issues: Turn the lights on

    2016-06-27T11:45:00

    The industry must make progress on ensuring employees’ mental wellbeing – or brace itself for a rush of legal claims

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    Collaboration express line

    2016-08-02T10:56:00

    Once I was a sceptic about ‘collaboration’ but I have realised that it’s all just common sense

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    Hot tubbing: Rub-a-dub-dub

    2016-09-01T06:00:00

    Hot tubbing, where experts give evidence concurrently, is all the rage in Australia. Now it could be heading to these shores – except that it’s been here for 18 years already

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    Questioning expert witnesses

    2016-10-04T12:17:00

    When an expert witness - a guardian of trust and knowledge - is proved wrong in court, it is tempting to try to turn psychologist and wonder what was going through his head

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    The book group

    2016-11-04T06:00:00

    Thinking about getting in some early Christmas shopping? Here are some thoughts on two new publications on construction law, available now

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    Liquidated damages: The unlikely LADs

    2014-09-26T06:00:00

    A court struck down a liquidated damages clause because when the value of the contract was reduced, it became disproportionate and ‘unconscionable’

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    A Scottish case: Highland fling

    2014-10-31T06:01:00

    What happens when a high-level solicitor comes up against a determined Scottish subbie?

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    JCT Povey lecture: The bumf machine

    2014-11-28T06:00:00

    Our industry spews out dozens and dozens of standard form contracts which no one can keep up with or understand. Bad news for people who build - great for lawyers

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    Discord on Concord Street

    2015-01-08T08:46:00

    Design & build contracts spell bad news, most of all for the poor blighters who buy what’s built. Design should be left to designers

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    Expert witness: Three Card Trick

    2015-02-03T09:24:00

    How can an expert witness be unbiased when hired by one party? Reader, behold, a tale of an expert witness too honest for his own good

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    Comment

    Construction Act: Ready for the chop

    2015-03-04T06:00:00

    Here’s a scrap over what constitutes a construction contract. When the winner asked for its hefty costs to be paid, that’s when the judge got his axe out

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