All articles by Tony Bingham – Page 5
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CommentLegal blog: Grenfell - what went wrong?
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
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CommentCurb your enthusiasm
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
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CommentAdjudication: Pick on someone your own size
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
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CommentDoing without lawyers
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
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CommentCould we just add a staircase here, perhaps?
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…
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CommentProcedure costs: Please translate
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
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CommentLosing the argument but getting your way: Ultimate victory
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
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CommentPage turners: Society of Construction Law essay prize
The winners of this prestigious prize have some clever things to say about delays and quantum meruit disputes. Their papers are all must-reads
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CommentThe foundations of a good decision
From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson
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CommentCourt isn’t all it’s cracked up to be
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?
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CommentThis one’s on you
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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CommentIn praise of doing less: adjudication scheme
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
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CommentCollatoral contracts: The unkindness of strangers
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
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CommentMJ coulson’s model answer
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
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CommentA new form of pest control
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
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CommentGosh, is that really the time?
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
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CommentHow the defence went up in smoke
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?
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CommentSomething quite atrocious
A party that thinks an adjudicator has no jurisdiction can save money and bother by simply waiting until the end before making a song and dance about it
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CommentAvoiding disputes: Fancy a game of battleships?
Every contract tells you to issue a notice when something is going wrong. But that launches warships – and makes it virtually certain that something will go wrong
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CommentAdjudication: Instant justice
As we all know, an adjudicator’s decision is binding until a final decision is made by a court or arbitrator, no matter how wrong it is. But that ‘final decision’ can be made very quickly