All articles by Tony Bingham – Page 10
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CommentWhen is an adjudicator’s decision binding?
When there’s more than one adjudication in a dispute, then the decision made by the first adjudicator binds the others, right? Well, it all depends what kind of decision it was
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CommentA little local difficulty
Tony Bingham When the communities secretary decided he couldn’t wait for the Localism Act to abolish regional spatial strategies, he didn’t count on Cala Homes
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CommentNo complaints: Holystone vs Volker Stevin
Here’s a court case of an adjudication that went to enforcement, in which all four arguments a party used in its defence were defeated …
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CommentLet’s rebuild our legal system
The fundamental truth about contract law is that those who use it don’t understand it, and so it endangers their survival. Shouldn’t the government rethink the whole thing?
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CommentFour little letters that say ‘pay up’
Here’s another contract-not-in-writing-so-you-can’t-go-to-adjudication-but-do-anyway-so-everyone-ends-up-in-the-High-Court case. With a twist …
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CommentStandardised prequalification form: Save while you slave
The coalition has a bright idea to save you billions of pounds on procurement. It’s a form called PAS91 and it’ll only take a couple of weeks to fill in…
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Quality of work: The QS's duty
A QS has been sued for valuing work that was defective. Luckily for it, the law is clear on this point. But surely QSs have a duty to speak up if they spot something’s wrong?
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Bullying the adjudicator: Nice guys finish last
Some parties in a dispute think they can win a case by bullying and abusing the adjudicator. And you know what? They might be right …
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The project manager: A hero of our times
Don’t be fooled by the thick glasses and the side parting - that project manager in the corner might just be the person who saves your bacon …
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Bring back arbitration
Before we made the big mistake of demoting it, arbitration used to be the main place for dispute resolution. Soon parliament will have the chance to make amends …
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The tragic case of a 15-year-old killed on site
Here’s a tragic case of a young man who was killed when a wall collapsed on him. His gaffer was a man of good character who didn’t mean anyone any harm. He got three years
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Feeling a little short changed? Plasterers and the CITB
Plasterers are sick of paying a training levy that really goes on jobs at the CITB. Who can blame them? We should be levying plasterboard makers at a fraction of the cost
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Getting to know all about you: ICE vs NEC3
Some contractors are upset that their old friend ICE conditions of contract has been dumped. But once they get to know the NEC, they’ll have their new buddy on speed dial
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Prompt payment: The other credit crunch
The government is making it a rule that all firms on public sector contracts be paid promptly, all the way down the supply chain. Which will come as a bit of a shock to some
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New Construction Act: Got a pen and paper handy?
A party can wriggle out of adjudication today by claiming there is no contract in writing. But once the new Construction Act comes into force, that excuse will no longer run
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Accidents will happen … in adjudication
After getting on for 500 enforcements, one thing is clear: an adjudicator is expected to make mistakes. But that is the fault of the system - and it’s outweighed by its benefits
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City Inn vs Shepherd: How much sand is a snowstorm worth?
Let’s delve deeper into City Inn vs Shepherd. At first glance, it looks like the three appeal judges came to different conclusions on relevant events. Look again …
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City Inn vs Shepherd: Have you seen the contractor’s behind?
If a storm and a contractor both delay a project, is the contractor eligible for an extension? This ancient problem has just had another going over in the Scottish Court of Appeal
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CommentRelationship problems
If an adjudicator has a prior connection with one of the advocates arguing a case, does that constitute ’apparent bias’? Here’s what the court had to say …
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CommentThe beggar’s banquet
The Scottish courts have expressed their opinion about whether the loser of an adjudication has to pay the winner if that winner appears to be on Carey Street