All articles by Tony Bingham – Page 2
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CommentPlease stop arguing with the arbitrator
The courts are pushing back against losers’ attempts to challenge arbitration rulings on dubious procedural grounds
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CommentThe fury of a homeowner
Tony Bingham is alarmed by an MP’s draconian suggestions for regulating domestic building works – and has a much better idea
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CommentGood faith strikes again
A new ruling shows you can’t breach part of a contract then use the contract machinery to turn that breach in your favour, explains Tony Bingham
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CommentStop deifying the institution
The RICS needs to move out of the Middle Ages: its true role is as a club that supports and trains its members, says Tony Bingham
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Comment£1 notices aren’t worth the paper they’re printed on
A payment notice is invalid if it fails to set out the amount genuinely considered due – placeholder notices don’t count, says Tony Bingham
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CommentA liquid situation over damages
Tony Bingham tells of a subcontractor defending a liquidated damages claim that decided it did want to pay them after all, when the client changed tack
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CommentOn too great expectations
Tony Bingham on a client who paid dearly for taking her builder’s quote and completion date too literally – with a whole lot of variations on top
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CommentChallenges to adjudication: keep it plain and simple
Any challenge to a purported right to adjudicate must be plain, specific and certain if it is to succeed in court
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CommentHomebuyer surveys: consultants, beware the faults you can’t see
A surveyor who failed to seek certification for a refurbished home has been stuck with massive rebuild costs
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CommentAdjudicate first, litigate after
A Scottish court has upheld the NEC3 provision that makes adjudication mandatory before litigation can be sought
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CommentA question of scope
A party that wants to limit the scope of an adjudication must be wary of asking questions that accidentally widen the dispute
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CommentAdjudication in insolvency: any further questions?
The latest instalment in the saga of adjudications involving insolvent companies brings more questions than answers
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CommentCan’t pay, won’t pay
How many steps does it take to get the losing party to pay up as ordered? Extraordinarily many, at times, as this case shows
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CommentGood in parts: clarity on severance
An adjudication that is partially flawed can still be upheld in the areas in which it is sound, according to a recent appeal decision
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CommentLet’s act in good faith, always – not just during covid
Emergency government guidance on contracts urges us to ‘behave responsibly’ during the pandemic. But why only now?
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CommentFair play to relational contracting
Good faith is becoming a central tenet of construction law, as highlighted in two recent publications
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CommentWhy are some process plants not covered by the Construction Act?
Let’s end the immunity of certain types of project from the Construction Act – it was always more about power than logic
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CommentA desire to punish can cost dearly
A couple who sued their architect neighbour after she helped out for free are paying heavily for pursuing a speculative case
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CommentPart 8 applications: What kind of question is that?
A Part 8 application in relation to an adjudicator’s decision on an extension of time took a novel approach
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CommentNEC contracts: Ours is not to reason why
Adjudicators need not give detailed reasons for their decisions – and can use a little help without accounting for that either