All articles by Tony Bingham – Page 8
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CommentImpartial arbitration: Tapping into the unconscious
Arbitrators and adjudicators promise to be impartial, but can they be unknowingly biased towards one side?
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CommentBIM: Too many cooks
How do you keep track of what everyone’s up to on a design and build contract? You could use BIM, but it’s a rather complex and costly solution to the problem
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CommentStop charging so much in adjudication
Adjudication is being treated as something it’s not - and spending all this time and money has become a joke
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CommentThe new Construction Act: Get your act together
The new Construction Act is coming, and I’m afraid you’ll have to get used to it - flaws and all
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CommentAdjudication: When the going gets rough
Adjudication is supposed to be a 28-day dash over the hurdles, but there are some cases where the justice is a bit too crude to be enforced
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CommentEstimates and quotation: Rough justice
Is a judge qualified to price up a building job? Don’t quote me on this, but he might have a pretty good go
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CommentThe Riot Act: it takes a village
Last month’s riots implicated every one of us - especially those at the top. It also brought to mind an old community-minded rule of law
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CommentDeciding a case: Theory vs practice
What’s the law regarding deciding a case on its merit? What are the merits of deciding a case on the law? It’s a debate that may interest judges more than your average builder
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CommentRules and regulations: Getting caught out
Inquiries into bidding processes have a time limit. Fair play, right? Not if you get held up in the rules and regulations
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CommentBreach of contract: A long climb to justice
If you ask someone to design and supply a staircase and it arrives as a heap and not fit for purpose, you can shout breach - but does that mean you can reject the goods?
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CommentTime is money
If adjudication is used as an in-depth, sophisticated examination of a dispute, expect to pay the price for it - especially if you’re the losing party
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CommentAdjudicators: I've started so I'll finish
A referral may get ’lost in the post’ or a party may simply refuse to serve it but that doesn’t stop the adjudicator from deciding a case and making an award
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CommentFair payment: Get some ZZZs
Fair payment. It’s what we all want, isn’t it? The government is backing payment promises, coming soon to a contract near you
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CommentInterim valuations: Doing the sums
Most of us think that a withholding notice is a must if an employer wants to hold back any sums due. But one judge says this only applies to sums in interim valuations
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CommentConsequential loss: Network Rail
Consequential loss following a negligent act can mean big money in compensation. Just ask Network Rail
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CommentAdjudication: Use some judgement
Too many adjudicators are out of touch and, frankly, incompetent. Now a senior judge has stepped in with a suggestion on how to improve - he wants them to be more like him
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CommentThe liquidated damages clause: Red card
A 200-year-old law says you can’t penalise builders for finishing late, but a prize-winning author says this rule has outlived its usefulness
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CommentLawyers just don't NEC3's choice of words
A lawyer has just won a prize for a paper that challenges the NEC evangelists. You don’t have to like it, just read it. Then you too can be the judge
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CommentArbitration is best for neighbourly disputes
Neighbours. Love ’em or hate ’em, surely it makes sense to take a dispute to arbitration rather than spend thousands thrashing it out in the courts?
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CommentScottish arbitration: Join the rebellion
There’s a movement afoot in Scottish arbitration, and the mood is spreading south of the border. The demands are simple: total arbitration revolution