All articles by Tony Bingham – Page 9
-
CommentConfidentiality in mediation: Do the decent thing
It really can’t be stressed enough that what goes on between consenting parties in a mediation is nobody’s business but theirs. If you don’t believe that, consider the following case
-
NewsCover pricing? Baloney!
“We will have to get a cover price on this one,” said the chief estimator. I was then a mere baby to this building lark.
-
Comment10 years of the Construction Act
Ten years after it became law, the Construction Act is a boisterous, perplexing triumph. Here’s its biography. Overleaf, Rudi Klein and Dominic Helps add their views, and we hear from one man who went through the mill and survived
-
NewsCover pricing is not a widespread evil
Builders in general want to win work, so the idea they are all conspiring to divvy up jobs and pay back-handers is quite frankly a load of baloney
-
CommentSplendid isolation
Mediation is an excellent alternative to court proceedings, but these days the two forms of dispute resolution are getting mixed up. Mediation should be left to its own devices
-
CommentThe land of make-believe
The building industry should sit up and take notice of the McCartney/Mills divorce settlement: there are some valuable lessons to be learned, particularly when it comes to putting your side of the story to the court
-
NewsDispute-busters to the rescue
A panel of experts has been appointed to stop unseemly rows on the 2012 projects before they even start. Surely they will need superhuman powers? Or just some common sense?
-
CommentDough well spent
If writing a bad review of a pizza restaurant can land you in court, just think what writing a review of a book by a leading construction judge does to the old ticker. Luckily, it’s a fabulous book – no, really
-
CommentCantillon vs Urvasco: Adjudication á la carte
The case of Cantillon vs Urvasco suggests that the parties, the adjudicator and the enforcing court have a great deal of latitude when it comes to presenting arguments and judging them
-
CommentChop, chop
Mr Justice Jackson must wake up in a cold sweat thinking about Multiplex and Cleveland Bridge, because everytime he thinks the hydra of litigation has been slain, another two heads pop up
-
CommentReinwood vs Brown: So much for common sense
The Law Lords are having a high old time with the Construction Act – first there was Melville Dundas, now it’s Reinwood vs Brown. Both come down in favour of the employer, but will our industry understand why?
-
CommentNo fire without smoke
When a fire occurred while an electrician was working at the site, it was easy to jump to the conclusion that he was to blame – but such thinking can easily get us into a muddle
-
CommentHand over all the money
You can recover damages for losses caused by breach of contract but probably not for the loss of the use of money awarded in damages. Interest, in other words.That’s a bit odd isn’t it?
-
CommentKeeping mum about mediation
Once upon a time everyone understood that part of what made mediation an ‘alternative’ form of dispute resolution was that the talks remained confidential. Was. Not any more they don’t
-
CommentJCT Framework Agreement: Umbrellas? Who needs ’em
A framework agreement is like an umbrella that sits above a contractual dinghy in which the elements of the Egan partnership await their fate like good little girls and boys. Until, of course, it starts getting wet
-
NewsConstruction is full of Mrs Conways
The building industry employs plenty of family members, so why do MPs get such a rough deal?
-
CommentThe price of intransigence
Mediation can be used as a ploy to cut down on costs at a later trial. But if a party is suspected of playing along with no intention of compromising, everyone can end up losing a lot of money
-
CommentWhat’s yours is mine
A retention may be held by an employer, but the money does not belong to it. This inconvenient fact is often overlooked by clients and main contractors – it’s so good for business, you see
-
CommentWhat it all comes down to
How do we decide what is a reasonable extension of time? This basic question gives rise to all sorts of astonishingly complex answers, at the end of which we’re left with … common sense
-
CommentWellies, muck and diggers
Construction dispute books, however erudite and authoritative, must brim with experience of the real world if they’re to be of use to those at the sharp end