All articles by Tony Bingham – Page 7
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CommentThe TCC and standard final accounts disputes
High Court judges are rebelling and want to send standard final accounts disputes to the county courts. All very well, but it would be a lot quicker to get adjudicators to hear them
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CommentTony Bingham: Dereliction and duty
Does a council have the right to step in if a building is falling down and the owner does nothing? It’s not quite that simple …
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CommentRefusing to pay an adjudicator's award: Dicing with disaster
Refusing to pay an adjudicator’s award because you think it will be overturned further down the road can be a dangerous and expensive game
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CommentExpert witnesses of opinion: Takes one to know one
A negligence case against a professional often, but not always, benefits from the opinion of an expert in the same field
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CommentThe urge to win in court: Playing dirty
Here’s a case that carries a warning to parties in a dispute that fighting your corner too viciously may cost you dearly in the long run
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CommentAdjudicators 'taking the initiative'
Adjudicators on construction cases are allowed to ‘take the initiative’ to establish the facts but straying too far from the path can have severe consequences
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CommentInformal legal advice: Breaking the 11th commandment
Judges will condemn any adjudicator who breaks the 11th commandment and asks a lawyer for advice on a case but doesn’t formally declare it
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CommentThe ICE Conditions of Contract: An old friend
The ICE Conditions of Contract has been spruced up and given a new name. It may be no more fathomable than its precessor but at least it won’t bite you where it hurts
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CommentChoosing an adjudicator: Eleven against twelve
Would you agree to play if the other side had chosen the ref? Neither would this disgruntled architect …
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CommentLeander vs Mulalley: In your own time, gentlemen, please
A contractor tries to claim loss because the subcontractor isn’t ‘getting on with it’. But what if the subbie is working hard - only to a different clock?
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CommentGalliford Try vs Lanes Group: Premature adjudication
An adjudicator who outlines a preliminary view needs to make sure he’s not reached a final decision too soon
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CommentDeals in writing: Noel's house party poopers
TV presenter Noel Edmonds learnt the hard way that if a deal’s not put in writing, it’s a no deal
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CommentLitigation: The long and short of it
Eternity is very long, said Woody Allen - especially towards the end. Here’s a case that proves the point
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CommentDispute boards should decide, not recommend
Americans like dispute boards to recommend not make binding decisions, but over here we like a bit more certainty
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CommentCarillion vs Smith: Don't take part if you don't agree
If you don’t think an adjudication should take place, don’t just go ahead with it - either press pause or get out altogether
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CommentThe CITB levy: The great escape
One firm used a trick to try to escape the CITB levy but in the end it was the training board that got itself out of a jam
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CommentAdjudication: More than the final whistle
If an adjudicator fails to decide who owes who what money, you’ll still have to pay up for all the refereeing they’ve done
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CommentPersonal liability when a company owes money
Being a limited liability company doesn’t stop directors being held responsible if creditors are owed money
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CommentPublic procurement: Getting the hang of it
Public procurement rules aren’t there to be broken - Brussels’ orders. But it will help if you learn to juggle with their terms
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CommentOral agreements: All mouth no trousers
It’s easy for two parties to get dug in over quite trifling sums. Here’s a case in point that revolved around the question of oral agreements - only the lawyers enjoyed it