All articles by Tony Bingham – Page 8
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CommentDevil 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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CommentTranscendental 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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CommentThe 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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CommentTime 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?
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CommentCold comfort: Paying damages to a firm in the red
It’s a chilling situation indeed to find yourself forced to pay hefty damages to a firm so far in the red that it’s positively crimson. Camden council can tell you all about it
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CommentComplexity theory: Interconnected disputes
How do you deal with a whole load of connected disputes that all seem to have a knock-on effect on one another?
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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