All articles by Tony Bingham
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CommentLet’s extend 28-day adjudication to buyers of new homes
Tony Bingham makes a plea to housing secretary Steve Reed to ditch a Construction Act exclusion that ill serves new home buyers
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CommentAdjudicators should aim for an ‘industry result’
Adjudication’s rough-and-readiness is partly about getting a result that makes sense in industry terms – that just works
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CommentStick to the payment process – or pay the price
A new ruling underlines the rigidity of the payment process: no pay less or similar notice, then no wiggle room in sum due
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CommentWhen is an interim account not an interim account?
An employer attempted to argue that an interim application for payment on account wasn’t detailed enough, but the High Court disagreed
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CommentWhy it’s important to use everyday language in contract documents
Tony Bingham on DBS vs TCS and why standard form contract devisers need to get more everyday with their language
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CommentAdjudication doesn’t need to be complicated
Tony Bingham on a failed attempt to overturn an adjudication on the ground that it covered multiple contracts with slightly differing terms
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CommentGet your clause into it – contractual responsibility for specific risks
Tony Bingham on a case concerning contractual responsibility for specific risks, and the attempts to locate that amid amendments
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CommentA deal with too many moth holes
A vendor who fails to answer the pre-contract questionnaire honestly can find the whole house sale reversed
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CommentLet’s sort out the payment rules
The recent ruling in Placefirst vs CAR highlights the ongoing confusion around the payment and pay-less rules
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CommentIt’s time to shake up adjudication
Poor decisions, low competence, bias – adjudication has got itself into a mess. So, what’s to be done? Tony Bingham has the answers
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CommentAdjudication offers speed – and not at any cost
High-speed dispute resolution such as adjudication may be imperfect, but cost makes it a better option than litigation
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CommentGrenfell shows it’s time to scrap design and build contracts
Design responsibility should not be forced onto the shoulders of builders, argues Tony Bingham
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CommentShedding new light on late payment
Provident vs Hexagon changes the game on late payment – do it twice, and the aggrieved contractor can walk
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CommentRecusal and the Post Office
When a party to a dispute anticipates losing, it may – as a desperate measure – seek recusal on grounds of judicial bias
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CommentThere’s a lot to learn: construction law resources on and offline
Tony Bingham highlights a newly published construction law compendium and sets out a range of online resources – many free
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CommentThe Post Office scandal and the fallibility of wanting to win
Expert witnesses are seen as unbiased, but they have a human flaw – the wish to win for their team. That’s part of what went wrong at the Post Office
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CommentOn second thoughts… the slip rule in adjudication
Tony Bingham explores the limits of an adjudicator’s power to correct their own mistakes after the award has already been issued
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CommentGetting serious on serial disputes
Tony Bingham considers the subtleties of serial adjudications and when an adjudicator is bound by what was decided last time around
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CommentWhen does a party’s insistence on using preferred adjudicators shade into the risk of bias?
When does a party’s insistence on using preferred adjudicators shade into the risk of unconscious or perceived bias?
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CommentRuling means court-ordered alternative dispute resolution extends beyond construction contracts
The appeal court has ruled that parties in any kind of dispute – not just construction – can be court ordered to use alternative dispute resolutions (ADR), explains Tony Bingham