All articles by Tony Bingham – Page 8
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CommentPlaying golf with Superman: Multiple adjudications
If you had to decide a dispute involving 51,000 job orders in 28 days, would you need to wear your underpants outside your clothes? Well, the following case put this to the test
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CommentWatch out for the tentacles: Defective Premises Act
Are you familiar with the Defective Premises Act? You’re not? Oh dear … well before you do any work on a house, you really ought to read the following horror story
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CommentTell me why: Give reasons for your decisions
Here’s a warning to all you adjudicators out there: if you give your reasons for a decision, then you have to address all the issues. If you don’t, the whole thing may be thrown out
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CommentIt's a jungle out there: How to survive the recession
What with battling the birds of prey and the ravenous alligators – not to mention the swine with the money – you may have picked up more survival skills than you realise
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CommentYou can't just do what you want: Adjudicator's guidelines
What are the legal guidelines that an adjudicator has to stay within? This frequently asked question just became a little bit clearer thanks to a recent case in the Scottish courts
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CommentWhy the long face: Construction Act amendments
The House of Lords is considering an amendment to the Construction Act that would make its payment rules ever so simple to use. Here’s what it says
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CommentMea culpa: Disputes from the architect's point of view
The tale an architect wants a building to tell can turn into a shaggy dog story if the builders doesn’t want to tell it as well... and if they aren’t distracted by people like me
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CommentKissing goodbye to your money? Creditors voluntary arrangements
Tony Bingham Your contractor wins an adjudication award but is subject to a creditors’ voluntary arrangement. You intend to take the case to arbitration. Do you pay up in the meantime?
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CommentThe reader: Tony's booklist
Here’s my personal selection of handy reference books to help you solve those legal conundrums that my columns don’t cover
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CommentSurprise! : New information in adjudication
The box of matters for adjudication that arrives at your door may contain some nasty shocks – such as a cartload of new information. The question is, as ever, is this fair?
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CommentPure and simple: Construction Act changes
The proposed changes to the Construction Act payment rules are all very clever, but they won’t wash in the down-to-earth world of construction. We want something simpler
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NewsUK jobs for foreign workers
That's bound to happen if you hire an overseas subbie – so don't blame the Italian firm in the Lindsey dispute for using its own workers; Total should have thought this through
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CommentSuds law: Limiting adjudication materials
You can throw anything you want at an argument in an adjudication – even the kitchen sink – but it won’t wash if you don’t give the other side time to consider it
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CommentGet ready to go wrong: Preparation
The tale of the passenger who ran away from a car wreck has much to teach the construction industry about preparing for its own little mishaps
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CommentCan’t pay? Will pay: How well does the system work
If someone owes you money, you can go to adjudication to get them to pay. And if they ignore that you can go to court. But how well does the system actually work?
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CommentWith the pope’s blessing: Awarding interest
Usury may be a sin, but that doesn’t mean it’s against the law. But then, working out just what the law does say about charging interest can be a bit of a poser …
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CommentGet a truck load of this: Collaborative working
A lot of folk are fed up with talk of collaborative working. And no wonder. Too often it’s just another name for risk dumping
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CommentThe judge with a flea in his ear: When costs outweigh damages
Here’s another case in which the costs by far outweighed the damages, only this time it was a county court judge who took the flak for letting it happen
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CommentIt’s a lads thing: liquidated and ascertained damages
Even when liquidated and ascertained damages are totally fair, they may seem like a contractor’s worst enemy – here’s an example why …
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CommentAll over bar the shooting: Frameworks
What better way to work, you say, than a lovely, co-operative framework deal? Fine. Just don’t expect it to be bloodless, painless, dispute-less or litigation-free