All articles by Tony Bingham – Page 2
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CommentCost budget: Once were warriors
A judge recently cut in half a claimant’s cost budget which was in excess of the amount in dispute. But you can’t blame lawyers – that’s how they were trained for ‘combative litigation’
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CommentBundles of fun (not)
Three recent cases have tested the judges’ patience as they waded through bundles so vast that their sole purpose seemed to have been to hinder justice not aid it
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CommentAs time goes by
An adjudicator’s decision is binding until the dispute is finally determined but here’s a case that opens up the question of limitation and how late that determination can take place
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CommentDangers in the deep
A recent case shows the risk that design-and-build contractors are exposed to on complex projects such as offshore wind farms
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CommentEyes wide shut
Companies have been ignoring applications for payment for decades even though doing so invariably lands them in a whole heap of trouble
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CommentConstruction Act: Ready for the chop
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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CommentExpert witness: Three Card Trick
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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CommentDiscord on Concord Street
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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CommentJCT Povey lecture: The bumf machine
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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CommentA Scottish case: Highland fling
What happens when a high-level solicitor comes up against a determined Scottish subbie?
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CommentLiquidated damages: The unlikely LADs
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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CommentNo messing north of the border
This case from the Scottish Court of Appeal reiterates the point that adjudication should not be held up by minor technical points
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CommentBooks for the beach
It’s summer and you’ll be wanting to pack some reading matter for the hols. Well, Construction Contract Variations will have you on the edge of your lilo
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CommentLatham: A knight’s tale
Michael Latham was just one of a long line of ‘gurus’ seeking to transform construction. They all failed but at least Sir Michael successfully transformed the legal process
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CommentWho says it’s not fair?
The supply chain payment charter promises to end retention and lengthy payment schedules. But despite its subjective language it has a sting - you’re signing up to legal obligations
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CommentWitnesses: Remember it like it was yesterday?
Judges and dispute deciders should place little reliance on what witnesses ‘recall’ happened, as our minds forget and distort events over time - however vividly we think we remember
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CommentJackson Reforms: Justice going cheap
Andrew Mitchell found himself falling foul of the new Jackson Reforms when it came to costs in the ‘Plebgate’ case. But what will the changes mean for construction disputes?
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CommentConstruction Act: Super size me
When parliament served up adjudication in the Construction Act, it intended it to be a fast, cheap way of sorting out a dispute. But it’s turned into something much bigger than that.
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CommentProfessional advice: The wrong trousers
If you wanted advice on a medical matter, you wouldn’t turn to your butcher, so why go to a landscape architect when you need design advice? Choose the right person for the job
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CommentBuilding maintenance: Someone to watch over me
Whatever the law says, construction folk should raise an almighty stink when buildings such as hotels are not maintained to the latest standards. Public safety may depend on it