All articles by Tony Bingham – Page 4

  • Tony bingham 2017 bw web
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    Legal: Dissecting delay

    2018-01-25T06:30:00Z

    Tony Bingham recommends two new books for 2018. Both deal with delay and disruption in construction, but in very different ways

  • Tony bingham 2017 bw web
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    Legal blog: The inquisitor's little helpers

    2017-12-14T07:00:00Z

    In Severfield vs Duro Felguera, the defendant refused to come to court. The judge’s response holds useful guidance

  • Tony bingham 2017 bw web
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    And about time too

    2017-11-16T05:00:00Z

    The review of the Construction Act is more than welcome to Tony Bingham, who can hardly wait to see an end to the misapplication of 28-day adjudication as a dispute resolution process

  • Tony bingham 2017 bw web
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    Legal blog: Grenfell - what went wrong?

    2017-10-19T12:19:00Z

    Last month Tony Bingham went to Grenfell Tower to see the aftermath of the tragedy for himself; here, he looks at the scope of the inquiry and what it might tell us about the way we procure buildings 

  • Tony Bingham
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    Curb your enthusiasm

    2016-06-03T06:00:00Z

    If the expert witness you commission comes up with something not entirely to your liking, you might be tempted to shop around for another one. But the court won’t like it

  • Tony Bingham
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    Adjudication: Pick on someone your own size

    2014-03-06T16:45:00Z

    Some parties will go to great lengths – even so far as bullying the poor adjudicator – to get an adjudication stopped. Better by far is to go straight to the judge and argue your case

  • Tony Bingham
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    Doing without lawyers

    2013-04-12T00:00:00Z

    More people than ever are choosing to conduct their own construction case without using a lawyer. Fine, but it calls for a more hands-on approach from the referee

  • Tony Bingham
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    Could we just add a staircase here, perhaps?

    2012-08-03T00:00:00Z

    The Giles Mackay case shows the folly of using a lump-sum contract on a project where the amateur client, inspired by House & Garden, wants a hand in the design…

  • Tony Bingham
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    Procedure costs: Please translate

    2011-03-11T00:00:00Z

    If a judge wants a specific document prior to trial that one party has never heard of, you’d expect someone to ask for clarification. Not in this, unnecessarily expensive, case

  • Tony Bingham
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    Losing the argument but getting your way: Ultimate victory

    2010-07-16T00:00:00Z

    Anglian Water’s dispute with Laing O’Rourke over the NEC’s adjudication rules illustrates a peculiarity of legal disputes: you can lose all kinds of arguments and still get your way

  • Tony Bingham
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    Page turners: Society of Construction Law essay prize

    2010-06-25T00:00:00Z

    The winners of this prestigious prize have some clever things to say about delays and quantum meruit disputes. Their papers are all must-reads

  • Tony Bingham
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    The foundations of a good decision

    2010-05-28T00:00:00Z

    From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson

  • Tony Bingham
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    Court isn’t all it’s cracked up to be

    2010-05-21T00:00:00Z

    The property end of building is even more disputatious than the contruction end. It needs to find a better way to resolve disputes – so why not adopt adjudication?

  • Tony Bingham
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    This one’s on you

    2010-05-07T00:00:00Z

    Tony Bingham Tolent clauses, which make the party that refers an adjudication pay all the legal costs, are to be outlawed by the Construction Act … but a judge has just got there first

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    In praise of doing less: adjudication scheme

    2010-04-30T00:00:00Z

    The scheme for adjudication is being redrafted to fit the new (deep breath) Local Democracy, Economic Development and Construction Act. If only they would write it on just one page

  • Tony Bingham
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    Collatoral contracts: The unkindness of strangers

    2010-04-23T00:00:00Z

    Collateral contracts are supposed to protect those not party to a contractual set-up. They work, but they also introduce flint-hearted button counters into the equation

  • Tony Bingham
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    MJ coulson’s model answer

    2010-04-09T00:00:00Z

    Judging construction disputes can be like sitting exams, but at least we can all learn from the results – as in this case where a builder flunked everything

  • Tony Bingham
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    A new form of pest control

    2010-04-01T00:00:00Z

    If you’re peeved with an adjudicator’s decision and start playing silly games rather than comply with it, the likelihood is that you will get clobbered in the courts

  • Tony Bingham
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    Gosh, is that really the time?

    2010-03-26T00:00:00Z

    Adjudication is not litigation (lawyers please note) and an adjudicator is not obliged to consider in detail new information that comes in at the eleventh hour

  • Tony Bingham
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    How the defence went up in smoke

    2010-03-19T00:00:00Z

    Here’s a case where the employer claimed his withholding notices had been burned in a lightning strike and stolen. How was an adjudicator to deal with such matters?