All articles by Tony Bingham – Page 4
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CommentReverse VAT is a backwards step
Reverse-charge VAT is an awful idea – subcontractors depend on the taxation time-line delay to ease their cash flow
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CommentCuriouser and curiouser: how the role of the adjudicator is becoming more complex
Adjudicators are asked to resolve increasingly complex issues, so the RICS’ new rolling training programme is most welcome
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CommentFacts first or face prison
Although expert witnesses speak for just one side, their first loyalty must be to the truth – otherwise they risk prosecution
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CommentLegal: When is fraud relevant?
Fraud can be raised as a defence in adjudication case or to avoid an enforcement, but it must be strictly relevant
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CommentThe day three running jump
Tony Bingham says respondents’ habit of trying to halt an adjudication three days in needs to be taken more seriously
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CommentA contract is not a state of mind
Starting work without a proper contract is common practice, but it’s what’s on paper that counts, not what’s in your head
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CommentA defective skyscraper built by Carillion needs £4m of glazing repairs - must the landlord pay?
Since Carillion built the 47-storey Beetham Tower in 2006, it has been the tallest building in Manchester. Mid-morning on 22 June 2014, a problem was spotted – and so began 47 floors of glass problem. One of the chaps doing sealant works on the 15th floor came ...
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CommentWhen is it good to call out on fraud in adjudication proceedings?
If you’re going to use an allegation of fraud as grounds for a stay of payment on an adjudication award, get the timing right, writes Tony Bingham
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CommentLegal: In fear of favour
Tony Bingham pities an earnest expert witness who got the sharp end of the judge’s tongue for apparent bias – despite his good intentions
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CommentNEC – stick to the plan
The NEC demands a devoted approach in its parties – but follow the contract closely, and everything should go smoothly
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CommentLegal: It’s a win on penalties
The approach to any failure to send a timely payless notice has at last been questioned
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CommentThe £12m blame game
When 64 homes had to be demolished, the council claimed the architect had assumed responsibility for others’ errors
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CommentA spanner in the works
The Pimlico Plumbers case highlights the rights of workers who fall between employee and self-employed contractor
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CommentGDPR: The 12 step approach
Tony Bingham explains the ins and outs of GDPR compliance, and how to make sure you don’t fall foul of the new data rules
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CommentNot what the doctor ordered
Tony Bingham argues that the adjudication system set out in the Construction Act has been warped into something way more legalistic
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CommentA challenging case
Tony Bingham explains how a recent case clarifies the scope of adjudication and the adjudicator’s role
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CommentLegal: More than words can say
When Amey agreed to mend Birmingham’s potholes for 25 years, it should have understood it was forming a relationship – and not started picking holes in the contract wording to cut its workload
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CommentLegal blog: When things go phut
With the Construction Act up for review, it’s the perfect moment to add a key item from Latham’s wish list that got left out last time: compulsory project bank accounts. Tony Bingham explains
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CommentLegal: Dissecting delay
Tony Bingham recommends two new books for 2018. Both deal with delay and disruption in construction, but in very different ways
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CommentLegal blog: The inquisitor's little helpers
In Severfield vs Duro Felguera, the defendant refused to come to court. The judge’s response holds useful guidance