All articles by Tony Bingham – Page 6
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JCT homeowner contract: Get the picture?
The JCT’s contract for home extenders is a very useful document, not least because it turns a lot of those complicated words into drawings we can all understand
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So crazy it might be true
We’re so conditioned to looking at the world in a particular way we stop thinking about it. But what if it is, in fact, quite wrong? And what could prompt us to realise it is?
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Now firms will bid high all by themselves
The Office of Fair Trading has to apply the law, has to hurt this industry
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Is it still cover pricing without the phone call?
The OFT has outlawed cover pricing, but that won’t stop firms putting in high bids so they lose contracts they can’t cope with
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Westfield fit-out dispute: An everyday story of building folk
This shopfitting dispute sounds hair-raising, but it is really nothing out of the ordinary. That’s because people who work in construction are like everyone else: they mess up
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Book review: Last-minute booking
Forget chick lit – the best summer reads address building procurement and the JCT contract. And, gratifyingly, the authors come up with exactly the right conclusions
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How to pick a winner: adjudication
Believe it or not, it can be tricky to decide whether you’ve won or lost a legal case. How come? Well here’s an illustration from the world of horse breeding
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Why is the OFT so unfair?: Coverpricing vs bid-rigging
Question: When is bid-rigging not bid-rigging? Answer: When it’s cover pricing. And it’s about time that our competition watchdog understood the difference
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If at first you don’t succeed: Adjudication
Adjudication works best when each chunk is bite-sized, but that doesn’t mean you can keep bringing the same piece back again until you get the decision you want
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How to land in the deep end: Trade associations
Of course trade associations want to boast about their members. But in doing so, they can come perilously close to taking the rap if those members do a dud job
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It's all in the game: Adjudication
Parties in a dispute set all sorts of rules and try all manner of tactics on each other, but adjudicators need to resist the temptation to join in the game
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On getting a thick ear: Trinity Walk, Wakefield
This is a story about a busted developer and a contract that contained a pay-when-paid clause. The lessons that emerge from it are harsh, but it’s a good idea to learn them
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Wealth and safety: Risk shifting on Terminal 5
Steven Morgan, the former admiral who runs BAA’s procurement, wants to shift all risk to his contractors and consultants. That’s fine and good, but there are costs …
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Privates on parade: Mediation
You probably like to think that mediation is a private dispute resolution method where everything is kept secret. But it seems the courts can order you to reveal all
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Good intentions vs reality: Collaborative working
The importance of collaborative working has been well understood and agreed for at least the past 45 years. The problems arise only when you actually try to do it
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The one and only: using the NEC for public projects
The Office of Government Commerce has decreed that only one form of contract be used for all public work. But how did it come that conclusion? Well, that’s a good question
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Devil take the hindmost: A six party case
Here’s a story about a flood in an office that caused millions of pounds of damage and gave rise to a six-party legal case. The question, of course, was who was going to pay
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Transcendental mediation: A mediator's role
The talking cure for construction disputes is a fine way to settle an argument – but only if the mediator is prepared to go beyond the role of polite, ineffectual facilitator
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The meme machine: What do you think is normal?
Disputes arise when parties feel that things have strayed too far from the norm. They find that terribly upsetting. Why? Well, there’s a theory that explains that...
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Time and punishment: Interest on unfair debt
If you don’t pay a legitimate debt, you are liable for interest on top. That’s only fair. But what if the creditor was at fault in some way, or the invoice was wrong?