All articles by Tony Bingham – Page 11
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CommentYou bought it, you pay for it
Question: When does a main contractor have to pay a subcontractor for work that it hasn’t done? Answer: When it agreed a fixed-price lump sum contract based on issued drawings …
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CommentNo more boobs
As the Chinese say, a man who makes a mistake and does not correct it makes another mistake. This should be born in mind by the DTI in its present review of the Construction Act
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CommentGuaranteed trouble
Here’s an everyday story of a new home, its disgruntled owners, their worried insurer, its unhappy builder and a legal case that didn’t go the way it was supposed to
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CommentNothing if not critical
The epic struggle between Mirant and Arup over the Sual power station has finally ended in a complete victory for Arup. The battle turned on the what delays were and weren’t on the critical path
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NewsReading the small print
Entry to heaven should not have to depend on clear mobile phones and strong thumbs
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CommentLet the supplier beware
You may have taken every precaution to make sure a contract is watertight but a consumer can claim a term isn’t fair if it puts them at a significant disadvantage
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CommentCircumstances change cases
The case of Dundas vs Wimpey, which has now been resolved in favour of Wimpey after a 3:2 decision in the House of Lords, shows that the payment clauses in the Construction Act are not set in stone
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CommentHell is a very small place
This is the story of a common-or-garden domestic extension that took years to complete and resulted in a savage battle between the architect and the client that ended up in the High Court
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CommentHere’s to Tony
Our legal eagles offer up their judicious verdicts on the Blair era, with the other TB, Tony Bingham, finding himself surprisingly misty eyed at the departure of a Labour PM
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CommentYes, folks, it’s the fab follies
A client bent on scuppering an adjudication can whistle up all sorts of loony tunes – including favourites such as ‘There Ain’t No Contract in Writing’, ‘Git that Adjudicator Outta Here’ and ‘Here Come the Judge’. Altogether now…
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CommentThe percentage game
Remember Ian McGlinn? He was last seen in the High Court suing everyone in sight after ordering the demolition of his Jersey dream home. Here he is again, still in court, trying to get the other parties to pay his legal costs
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NewsA passing phase
The industry is safe in the hands of the new generation of construction professionals says Building's star blogger
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CommentSomeone to watch over me
At long last, the Lord Chief Justice has mentioned the unmentionable and laid on a 24-hour judicial helpline that will help stressed-out dispute deciders sleep more soundly at night
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CommentIan McGlinn vs everybody else
You build your multimillion-pound dream home, but there are some defects. So you leave it empty for five years, then tear it down and sue everyone in sight, apart from the builder, which has gone bust. Do you win?
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CommentFouled by your own side
If you hire somebody to do something, then prevent them doing it, then you can’t sue them for breach of contract. Let’s see how this fundamental rule applies to Wembley
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CommentThe man in black
People sometimes get the idea that adjudicators are a bit like referees on the rugby pitch. Actually, that’s the job of the parties. The adjudicator is more like the scoreboard
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CommentRubbish rules
All Tony Bingham wanted was to enjoy his Bakewell tart, but it triggered a dispute with Mrs B over the best way to dispose of the packaging. It was all a bit like his day job, really ...
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CommentGetting arise out of a challenge
An arbitration case might offer a way forward for the courts when asked to decide whether ‘arising under’ or ‘in connection with’ best applies to a jurisdiction challenge under the Construction Act
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Rules are for the breaking
An innocent looking bakewell tart brings out the rebellious side in Building's star blogger
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CommentKeep it together
Judges often have to ‘unwind’ adjudicators’ decisions to rule on them. When they do, they must consider the whole decision, not just the bit one side wants them to, as this Scottish case shows