All articles by Tony Bingham – Page 17
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CommentSort out your attitude
Being a member of the awkward squad can cost you, even when right is on your side. These days it pays for both sides of a dispute to co-operate with each other
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CommentFor your eyes only
It is commonly believed that documents marked ‘without prejudice’ must not be read by a third party. In fact, it all depends on what they say
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CommentShock and or
It happens all the time – a contractor thinks the spec means one thing, the client another. In this case it ended in a judge’s interpretation of the word ‘or’
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CommentException to the rule
If you win a case against a limited company that goes bust usually you can’t pursue the owners for costs. But in this case that’s exactly what did happen …
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CommentStop having fun
In Scotland, parties can no longer indulge in games of ambushing courts with fresh evidence. An eminently sensible idea, and one that should apply to adjudication
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CommentPlugging away
Know a bloke who can sort your electrics? For a good price? Well, only if you don’t include the £5000 fine from your newly empowered building control officer
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CommentHired gun takes a bullet
Here’s a story about an expert witness who, after giving evidence, is being pursued through the courts for £400,000 over an alleged breach of duty
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CommentHired gun takes a bullet
Here’s a story about an expert witness who, after giving evidence, is being pursued through the courts for £400,000 over an alleged breach of duty
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CommentChilling thoughts
The M&E engineer on a north London shopping centre paid out £1.25m after tenants complained about the draught. Then it tried to sue the architect …
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CommentEast, west, probity’s best
In donating to the Asian tsunami appeal, generosity is tempered by cynicism over how contracts will be run. But at least the World Bank has found some answers
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CommentLiving with The Others
Hovering above the real people doing real jobs on real site is a vast ghostly world of contract documents and legal obligations. How should the two interact?
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CommentSome relationship advice
Dear Tony, I have been seeing a contractor for some time now, and although he says he loves me, he will not commit to a serious relationship. What should I do?
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CommentJingle all the way
Deck the halls with boughs of holly/Here’s some advice on saving lolly/Hire yourself a new surveyor/Who’ll collect evidence against the payer …
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CommentWho are you today?
A piece of legislation that protects ‘consumers’ against unfair treatment from ‘commercial’ types – meaning you – undermines whole basis of a building contract
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The prongs of doom
Time and again adjudications end in failure because the courts detect bias. Here’s another case where a botched job inevitably results in a load of wasted money
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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®
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