All articles by Tony Bingham – Page 7
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CommentAdjucation enforcement: When to use the f-word
It’s easy to bandy about the word ‘fraud’ in the hope of defeating enforcement in civil proceedings, but you’d better make sure you have sufficient evidence to back it up
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CommentIn banks we trust: Project bank accounts
One reason disputes turn nasty is that the payee suspects that the payer is coming up with spurious excuses not to pay. Luckily, there’s something we can do about this
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CommentContracts: Are you a cavalier or a roundhead?
You can have all the collaboration and co-operation you like in this industry of ours, but fundamentally the Roundheads are right: it’s all about the contract …
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CommentDubai disputes: Arbitrary judgment
Now that the only thing booming in Dubai is disputes, queues are forming outside arbitrators’ doors. But arbitration in the UAE has to be speeded up. Here’s how …
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CommentAdjudication awards: Logical deductions
If a party loses an adjudication and is ordered to pay up, can it set this sum off against anything it thinks it is owed from a subsequent adjudication award?
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Comment
OFT special: The cost of a phone call
If you don’t want the job, just ask for too much money and you won’t get it. Nobody can touch you. Phone a friend for a cover price, though, and you’re liable for millions
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CommentJCT 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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NewsNow 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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CommentSo 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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NewsIs 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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CommentWestfield 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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CommentBook 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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CommentHow 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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CommentWhy 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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CommentIf 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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CommentHow 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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CommentIt'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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CommentOn 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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CommentWealth 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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CommentPrivates 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