All articles by Tony Bingham – Page 17
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CommentKindly leave the stage
It’s an accepted rule that if an adjudicator throws out a claim, the losing party can’t rush out and hire another one. But in this case, that’s exactly what happened …
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CommentWhen can you be unfair?
djudicators who ignore the rules of natural justice in their conduct may not fall foul of the courts, but they should be given a damn good thrashing anyway
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CommentPrivate investigations
What are adjudicators supposed to do when two raw parties to a dispute turn up with a case but no evidence? Play the neutral or act as a licensed sleuth?
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CommentTackle it with Eezyjudge®
Only 28 days to decide 276 final account quarrels on 17,000 pieces of paper? Don’t despair. Just apply a little of this 100%-proof, no-nonsense dispute decider
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CommentNothing comes of nothing
Contractors are forever complaining about disruption on the job, but without hard evidence an adjudicator will award them precisely zero compensation
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CommentSafety deposit
Tony Bingham - The use of trust funds to protect against client insolvency is a very good idea. So why did parliament reject the idea 10 years ago? And is it ready to reconsider?
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CommentTrouble in the nursery
The Latham payment review panel has failed to produce an ABC for squabbling subbies. Nanny government must decide when to step in, and when to keep clear
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CommentUncool customer
So MSPs are peeved they had to pay £431m for their parliament. But if the contractors delivered what the client said it wanted, why accept less than the true cost?
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CommentMoney’s silver tongue
You can ask an adjudicator to step down from an adjudication but as it is his decision, and his fee, the likelihood is that he’ll find compelling reasons to stay
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Comment£70k a pop
Enforcing an adjudication can be a damned expensive business, especially when there’s a proce - as one unfortunate subcontractor found out
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CommentThrough the looking glass
When is an agreement in writing not an ‘agreement in writing’? When, as one subcontractor found out, it takes place in the crazy world of construction law
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Mrs Bingham’s lament
Some clever people have come up with easy-to-use framework contracts that just might cut disputes. So where will our household clothing budget come from?
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CommentSix ways to handle risk
Do you deal with the terrifying business of building with the help of an umbrella, an ostrich, your small intestines, your muscles, a snowboard or a mushroom?
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CommentCompulsory purchases
Two legal textbooks have just been published, and if you’re in the business of fighting or resolving disputes, you simply have to have them on your shelf
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CommentThe Butler test
Adjudicators, like prime ministers, rely on expert evidence to come to decisions. But what if they’re given duff information that reinforces their own bias?
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Wonders & blunders
Tony Bingham is left aesthetically stranded by the RAC control centre on the M6, but the Bilbao Guggenheim comes to the rescue
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CommentFirst things last
Why did the cost of the Scottish parliament rise from £40m to more than £400m? Simple. Builders were asked to start work before the designs had been settled
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CommentMurphy’s law in action
What do you do if you find that life on site cruelly punctures the naive hopes in your tender? Well, you try to get the client to pay more, don’t you? Yes, but how?
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CommentCapper's way
Professor Philip Capper has just made a super speech about adjudication, about judges, about lawyers … and especially about his girlfriend Iris