All articles by Tony Bingham – Page 13
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CommentBoth ends against the middle
Tony Bingham Is it the dispute decider’s job to pick one of the warring parties’ positions and declare it the right one? Or can they come up with a solution that neither party argued for?
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NewsA bed of thorns
If you were the victim of a bed delivery mix-up would you remain sanguine or serve a writ? Our legal columnist considers the options and sees parallels in the construction industry
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CommentA modest proposal
Tony Bingham Rather than trying to sort out disputes when they occur, wouldn’t it be easier to just write clear and fair contracts so that rows don’t occur in the first place?
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CommentWriting wrongs
Just about any legal issue depends to some extent on the definition of terms – and definitions depend on who wins an argument in front of a judge. Take the vexed and exasperating question of ‘contracts in writing’
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NewsAlways read the small print
Terms & Conditions may not 'protect you, the customer', says Tony Bingham, in fact they can be packed with limitations
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CommentA difference of emphasis
Letters of intent are paved with good intentions, but can trigger endless legal manoeuvres. A joyous time for lawyers but for nobody else. Here the couple to fall out were Skanska and supermarket chain Somerfield
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CommentEnd this travesty
In these topsy-turvey times subbies think they’re designers, QSs act like lawyers and architects let builders specify. Wouldn’t it be refreshing if we stuck to our job descriptions in 2007?
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CommentSanta’s book collection
If you’re buying Christmas gifts for an architect, main contractor, subbie, lawyer or adjudicator, then we’ve got the perfect books for them
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CommentPlaying their silly games
A court applied the law correctly when it quashed an adjudication decision that broke the rules. But perhaps it’s the rules, not the decision, that should be overturned
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CommentThreatening behaviour
Expert witnesses are immune from being sued for anything said or done in legal proceedings. One judge wanted to extend this principle, but the Court of Appeal disagreed
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CommentMake time wasters pay
At the moment there is no bill for court costs but action needs to be taken against defendants who insist on playing silly games and pile up court costs on the way
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CommentThe times they have a-changed
Tony Bingham It used to be seen as bad form to adjudicate negligence claims against professional gentlemen. On the other hand, that does seem to be what parliament intended...
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CommentDances with gorillas
The ODA manifesto for building the 2012 Olympics talks about delivering on time, to a tight budget.But if that is to be done, novel ways of thinking are needed
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CommentWhat rights does a tree have?
If a neighbour’s tree is damaging your property you have a right to remedy the situation by chopping it down. Except if it belongs to the council, in which case it’s a lot trickier
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CommentTarred with the same brush
A bitumen cartel got stung by the European Commission when it was caught flouting competition laws. But it was the parent companies that got their knuckles rapped hardest
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CommentHelping the poor struggler
An arbitrator or adjudicator may feel tempted to redress the scales of justice if they believe one of the parties is poorly represented and needs a leg up. But is this really on?
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CommentDo you want to know a secret?
A leaked letter from the DTI is very revealing as to the latest government thinking on reforms to adjudication, particularly its apparent disregard for the construction industry’s views
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CommentRead them and weep
Letters of intent are often used inappropriately in the construction industry and, as such, they should be employed with a good deal of caution – or not at all
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CommentCertifiable adjudicators
Like the umpires in last month’s ill-fated test match, adjudicators test the dispute against the rules and make a judgment – unfortunately some construction folk, and one or two lawyers, haven’t quite grasped that they can’t tamper with the ball either …
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CommentCertifiable adjudicators
Like the umpires in last month’s ill-fated test match, adjudicators test the dispute against the rules and make a judgment – unfortunately some construction folk, and one or two lawyers, haven’t quite grasped that they can’t tamper with the ball either …