All articles by Tony Bingham – Page 14

  • Comment

    Going for goal

    2001-01-05T00:00:00Z

    Back in 1987, a company employed a contractor to build an office block. For the past decade, they have been in constant litigation. They've already had one shoot-out in the Lords and it's not over yet.

  • Comment

    False sense of security

    2000-12-15T00:00:00Z

    For owners of new homes, the NHBC guarantee and insurance offer are reassuring – but what if it later transpires that they were issued by a builder who had no right to do so?

  • Features

    Sort it out yourself

    2000-11-17T00:00:00Z

    A protocol for construction and civil engineering disputes has just been introduced, and it does everything to stop you getting into court short of hiding the judges. But will it work?

  • Features

    The final straw

    2000-09-15T00:00:00Z

    Your chances of overturning a final settlement once it has been signed are pretty limited, particularly if you’re seeking adjudication in a dispute that is not directly related to the contract.

  • Features

    Time is not on your side

    2000-09-08T00:00:00Z

    If an adjudicator awards a builder a given sum for work that is subsequently shown to be defective, is the client within its rights to knock off a certain amount to compensate?

  • Features

    Careful what you ask for

    2000-07-21T00:00:00Z

    When the Lowry Centre tried to escape the clutches of the Construction Act by backdating the contract, the adjudicator refused to go away. One party cannot rob another of its statutory right to adjudication.

  • Features

    Get back on the field, ref

    2000-05-26T00:00:00Z

    The adjudicator’s word is law, as our latest case report shows. Even if he makes an obvious clerical slip-up he is entitled to correct his mistake if he does so within a reasonable time.

  • Features

    The politics of trust

    2000-05-19T00:00:00Z

    As this year’s winners of the Hudson Prize demonstrate, it is well worth exploring the subtleties of special relationships if you need to tackle subcontractor problems or partnering difficulties.

  • Features

    Whose pocket are you in?

    2000-05-12T00:00:00Z

    Two recent cases have demonstrated how important impartiality is to judges, arbitrators and expert witnesses. Even a very remote connection can be enough to get them thrown off a case.

  • Features

    Double exposure?

    2000-05-05T00:00:00Z

    You can’t pursue the same case in two tribunals at the same time, but if you have litigation or arbitration under way, you can still refer it to adjudication to get a quick, interim decision.

  • Features

    Strewth! Oz gets tough

    2000-04-20T00:00:00Z

    Cowboy builders in Australia will be chopped off at the knees by legislation that’s far more hardline than ours. In New South Wales, firms face blacklists, huge fines and even prison if they transgress.

  • Features

    Wading into a sea of risk

    2000-04-07T00:00:00Z

    What do you do if someone you’re working with suddenly sinks without trace? Well, if you’ve read Richard Davis’ book on insolvency you’ll already know. Plus a guide to the courts and the latest on adjudication.

  • Features

    Fiddlers on the hoof

    2000-03-03T00:00:00Z

    Floating in from Europe is a piece of legislation that promises to bring an end to the little — and not so little — swindles that have been going on between competitors. And the penalties are draconian.

  • Features

    Right, for wrong reasons

    2000-02-25T00:00:00Z

    An adjudicator thought settling a “repudiation of contract” dispute was beyond his jurisdiction. He was wrong, but the court enforced his decision for another reason…

  • Features

    Morrison’s ripe banana

    2000-02-04T00:00:00Z

    This is the latest dispatch from the battlefield that is adjudication enforcement. Morrison, back before the beak for a second time, tried to argue that there wasn’t even a dispute. Which brings us to bananas …

  • Features

    Was it Bill or was it Ben?

    2000-01-28T00:00:00Z

    If housebuilding ends up wonky, who’s to blame? The person who takes on the work, of course. But just who is that? The main contractor, the subcontractor, the builder, the architect or the surveyor?

  • Features

    Inflated claims?

    2000-01-07T00:00:00Z

    An adjudicator decided he had the authority to referee a compromise agreement. One of the parties disagreed and refused to abide by the adjudicator’s decision. So what next?

  • Features

    Lawyers' love letters

    1999-12-03T00:00:00Z

    "Letters of intent" are there to get the works started while the contract gets sorted out. But if things go wrong before that happens, all sorts of wonderful things can happen. Wonderful for lawyers, that is.

  • Features

    Bring on the accolades

    1999-11-26T00:00:00Z

    There are prizes for everything these days, so why not for law publications that help us understand all the rules and regulations bearing down on us?

  • Features

    The recognitions

    1999-11-19T00:00:00Z

    Every year, the CIOB throws a bash to hand out its Building Manager of the Year award. This year's winner says his prize has lots to do with good buildings, and less to do with JCT contracts.